Allowed

The Principal Secretary to Government v. the Chairman and Managing Trustee

Kerala HC21 Nov 2022RP/448/2022

Case brief

AI extract

What is this about?

Review petition allowed to correct the original judgment regarding the competent authority to convene the meeting from the Principal Secretary, Health Department to the Principal Secretary, Labour and Skills Department.

What did the court decide?

Review Petition allowed to correct paragraph No.7 and the last paragraph of the judgment by substituting '2nd respondent' with 'additional 4th respondent'.

The Principal Secretary to Government Vs the… — Pension and Retirement Benefits | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE N.NAGARESH

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MONDAY, THE 21ST DAY OF NOVEMBER 2022 / 30TH KARTHIKA, 1944

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RP NO. 448 OF 2022

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AGAINST THE ORDER/JUDGMENT IN WP(C) 9544/2021 OF HIGH COURT OF KERALA

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REVIEW PETITIONERS/RESPONDENT 1 AND 2 IN WPC:

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1 STATE GRIEVANCE REDRESSAL COMMITTEE(CONSTITUTED UNDER RASHTRIYA SWASTHYA BIMA YOJANA) REP. BY ITS CONVENER, THE PRINCIPAL SECRETARY ,HEALTH & FAMILY WELFARE DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, KERALA-695001

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2 THE PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM

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3 ADDITIONAL 4TH RESPONDENT IMPLEADED THE PRINCIPAL SECRETARY TO GOVERNMENT, LABOUR AND SKILLS DEPARTMENT, GOVERNMENT OF KERALA ,THIRUVANANTHAPURAM – 695001

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BY ADV GOVERNMENT PLEADER

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RESPONDENT/PETITIONER AND 3RD RESPONDENT IN WPC:

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1 THE CHAIRMAN AND MANAGING TRUSTEE NEHRU COLLEGE OF EDUCATION AND CHARITABLE TRUST, NILA GARDEN ,PAMPADY ,THIRUVALWAMALA, THRISSUR,KERALA, PIN - 680588

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2 RELIANCE GENERAL INSURANCE COMPANY LIMITED CORPORATE OFFICE,RELIANCE CENTRE,SOUTH WING 4TH FLOOR, REPRESENTED BY ITS MANAGER, OFF WESTERN EXPRESS HIGHWAY,SANTACRUZ (EAST),MUMBAI MAHARASHTRA – 400055

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BY ADVS. GEORGE JACOB-R1 GEORGE CHERIAN-R2

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
21.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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RP No.448 of 2022

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ORDER

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Dated this the 21^st day of November, 2022

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Respondents 1 and 2 in the writ petition have filed this

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Review Petition finding errors apparent on the face of the records in the judgment in W.P.(C) No.9544 of 2021.

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This Court disposed of the writ petition as per the judgment dated 22.11.2021 directing the 2^nd respondentPrincipal Secretary, Health and Family Welfare Department to convene a meeting of the State Grievance Redressal Committee (constituted under the Rashtriya Swasthya Bima Yojana), within a period of three months and consider the grievances raised by the petitioner, as expeditiously as possible, giving an opportunity of hearing to the petitioner.

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Government Pleader pointed out that it is the additional 4^th respondent in the writ petition, the Principal

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RP No.448 of 2022

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Secretary to Government, Labour and Skills Department, Government of Kerala, who is competent to convene a meeting of the 1^st respondent-State Grievance Redressal

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Committee in the writ petition and to that extent there is error in the judgment of this Court.

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The Government Pleader pointed out that even during the pendency of the writ petition, this fact came into light and that is why the additional 4^th respondent was additionally impleaded in the writ petition.

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I find considerable force in the argument of the Government Pleader. If the Principal Secretary to Government, Labour and Skills Department is the competent authority to convene the meeting of the State Grievance

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Redressal Committee, then the judgment is liable to be corrected accordingly.

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RP No.448 of 2022

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In view of the above, the Review Petition is allowed to the extent of correcting paragraph No.7 and the last paragraph of the judgment by substituting the word “2^nd respondent” by the words “additional 4^th respondent”, wherever the word “2^nd respondent” appears in those paragraphs.

Sd/-

N.NAGARESH

JUDGE

spk

The Principal Secretary to Government v. the Chairman and Managing Trustee

Case brief

What is this about?

What did the court decide?

The Principal Secretary to Government v. the Chairman and Managing Trustee

Case brief

What is this about?

What did the court decide?

What the court decided

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