Allowed

Regional Cancer Centre (Rcc) v. Najeeya S

Kerala HC10 Oct 2022RP/739/2022

Case brief

AI extract

What is this about?

The Kerala High Court allowed a review petition filed on the ground that an earlier judgment failed to consider Clause 19(vi) of a Government Order extending service benefits from 01.06.1990. The Court recalled the judgment and remanded the writ petition for fresh hearing as the initial judgment was rendered without reading the full text of the Government Order.

What did the court decide?

Review petition allowed; judgment recalled and writ petition remanded for hearing as per roster.

Regional Cancer Centre (Rcc) Vs Najeeya S — 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 V.G.ARUN

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MONDAY, THE 10^TH DAY OF OCTOBER 2022 / 18TH ASWINA, 1944

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RP NO. 739 OF 2022

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AGAINST THE JUDGMENTWP(C) 14295/2021 OF HIGH COURT OF KERALA

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REVIEW PETITIONERS/1ST RESPONDENT:

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REGIONAL CANCER CENTRE (RCC) REPRESENTED BY THE DIRECTOR, RCC, P.O.BOX 2417, MEDICAL COLLEGE CAMPUS, THIRUVANANTHAPURAM - 695 011.

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BY ADV ATHUL SHAJI

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RESPONDENTS/PETITIONER & RESPONDENTS 2 & 3 IN WPC:

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1 NAJEEYA S AGED 62 YEARS EMPLOYEE CODE NO.1110, SANORA, TC 2/978/(3), PALOOR LANE, MURINJAPALAM, MEDICAL COLLEGE.P.O.,

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THIRUVANANTHAPURAM - 695 011.

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2 GOVERNMENT OF KERALA, HEALTH & FAMILY WELFARE (J) DEPARTMENT, REPRESENTED BY ITS SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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3 THE DIRECTOR OF MEDICAL EDUCATION, MEDICAL COLLEGE CAMPUS, THIRUVANANTHAPURAM - 695 011.

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GP SMT. AMMINIKUTTY

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 10.10.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

R.P.739/2022

ORDER

Dated this the 10^th day of October, 2022

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The review petition is filed on the premise that there is an error apparent on the face of the judgment since, the benefit of Ext.P3 was extended to the petitioner without looking into the full text of the Government Order. Along with the review petition, full text of the Government Order is produced as Ext. R1(b).

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Learned counsel for the review petitioner submitted that, as per Clause 19(vi) of Ext. R1(b), staff joining the Regional Cancer Centre on the basis of the Government Order will be deemed to have joined duty in RCC service only with effect from 01.06.1990. It is contended that, while rendering the judgment, this Court did not have the occasion to consider the impact of the above clause.

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Learned Counsel for the writ petitioner submitted that the Clause relied on by the petitioner does not bear an impact,

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R.P.739/2022

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as far as the issues involved in the writ petition are concerned.

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Whatever be the case, as the judgment was rendered

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without considering the full text of Ext. P3, contentions are to be considered afresh.

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The review petition is hence allowed and the judgment is recalled.

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Post the writ petition for hearing as per roster on 19.10.2022.

Sd/-

V.G.ARUN

JUDGE

Regional Cancer Centre (Rcc) v. Najeeya S

Case brief

What is this about?

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Regional Cancer Centre (Rcc) v. Najeeya S

Case brief

What is this about?

What did the court decide?

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