Court allowed a Review Petition to recall the judgment dismissing a writ appeal as infructuous, directing the appeal to be listed for hearing after two weeks to adjudicate on merits.
Review Petition allowed; judgment in W.A. No. 1283 of 2010 recalled; Writ Appeal listed for hearing after two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
MONDAY, THE 1ST DAY OF DECEMBER 2014/10TH AGRAHAYANA, 1936
RP.No. 913 of 2014 () IN WA.1283/2010
AGAINST THE JUDGMENT IN WA 1283/2010 of HIGH COURT OF KERALA DTD. 20-10-2014
REVIEW PETITIONER/APPELLANT/PETITIONER:
A.T.PREMACHANDRAN NAIR
DEPUTY MANAGER(SAFETY)RETD, THE KERALA MINERALS AND METALS LTD, CHAVARA, KOLLAM.
BY ADVS.SMT.SREEDEVI KYLASANATH
SRI.PIRAPPANCODE V.S.SUDHIR SRI.ACHUTH KYLAS SRI.M.JAYAKRISHNAN
RESPONDENT/RESPONDENTS/RESPONDENTS:
R1 & 2 BY SRI.V.KRISHNA MENON
R3 & 4 BY GOVERNMENT PLEADER SRI.P.I. DAVIS R5 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 01-12-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ASHOK BHUSHAN, Ag.C.J. & A.M. SHAFFIQUE, J.
R.P. No. 913 of 2014 IN
W.A. No. 1283 OF 2010
O R D E R
Ashok Bhushan, Ag.C.J.
This is a petition to review the judgment dated 20.10.2014 in W.A. No. 1283 of 2010.
appeal has been dismissed as infructuous on the basis of the submission of learned Government Pleader, but the petitioner wants to adjudicate the matter on merits against other respondents. The writ appeal was filed against the judgment of the learned Single Judge which involve promotion under the rules of the company after fixing the appointment of petitioner in the level of Assistant General Manager.
We find good reason to recall the judgment dated 20.10.2014. The Review Petition is allowed and the judgment dated 20.10.2014 in W.A. No. 1283 of 2010 is recalled. Let the Writ Appeal be listed for hearing after two weeks. Statement in the Writ Appeal may be filed by the respondents.
Ashok Bhushan, Acting Chief Justice.
A.M. Shaffique, Judge.
ttb/01/12
WA No. 1689 of 2013
-:2:-
1 issue framed by the court
Whether the Review Petition seeking recall of the judgment dismissing the writ appeal on the basis of infructuousness should be allowed to adjudicate on merits.
A.T.Premachandrannair
Kerala Minerals and Metals Ltd
State of Kerala
Ashok Bhushan
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
