The High Court allowed the review petition recalling the order dated 2.3.2021 that had dismissed a writ petition for pensionary benefits and excess recovery, restoring the original writ petition.
The review petition is allowed; the order dated 2.3.2021 is recalled and the writ petition is restored.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
THURSDAY, THE 10TH DAY OF NOVEMBER 2022 / 19TH KARTHIKA, 1944
RP NO. 694 OF 2022
AGAINST THE ORDER/JUDGMENTWP(C) 17512/2019 OF HIGH COURT OF KERALA
REVIEW PETITIONER/S:
E.V.SOMASUNDARAN AGED 61 YEARS, S/O LATE. GOVINDAN NAIR, 15/627,JANAKI MANDIR, KUNNATHURMEDU,PALAKKADU DISTRICT 678013, RETIRED AS DRIVER KSRTC DEPOT,PALAKKAD
BY ADV JOHN JOSEPH(ROY)
RESPONDENT/S:
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 10.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RP NO. 694 OF 2022
2
JUDGMENT
The present review petition has been filed for recalling of the order dated 2.3.2021 wherein the writ petition was for the purpose of provisional service for granting pensionary benefits and was directed to be considered after the disposal of the SLP No.25272 of 2015 granting liberty to the petitioner to claim the relief, if any, on the basis of the decision of the Apex Court. It is contended that another relief was also sought by the petitioner with regard to the recovery of the excess amount allegedly paid by the respondent as reflected in Ext.P5 and the same was not looked into and thus there was an error apparent on record.
For the reason aforementioned, the order dated 2.3.2021 is recalled and the writ petition is restored. Accordingly, the review petition is allowed.
Sd/-
sab
AMIT RAWAL
JUDGE
1 issue framed by the court
Whether the order dated 2.3.2021 recalling the writ petition regarding pensionary benefits and excess recovery should be recalled.
E.V.SOMASUNDARAN
KERALA STATE ROAD TRANSPORT CORPORATION
THE CHAIRMAN AND MANAGING DIRECTOR KSRTC
THE DISTRICT TRANSPORT OFFICER KSRTC
AMIT RAWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
