IN THE HIGH COURT OF KERALA AT ERNAKULAM RP No. 89 of 2007(H) 1. MENON LAXMI BHUVANENDRA, ... Petitioner Vs 1. THE STATE OF KERALA TO BE REP. BY ... Respondent 2. THE DIRECTOR OF COLLEGIATE EDUCATION, 3. THE DEPUTY DIRECTOR OF COLLEGIATE 4. UNIVERSITY OF CALICUT, 5. THE MANAGER, 6. THE PRINCIPAL, For Petitioner :SRI.K.S.MADHUSOODANAN For Respondent :GOVERNMENT PLEADER The Hon'ble MR. Justice KURIAN JOSEPH Dated :21/03/2007 O R D E R KURIAN JOSEPH, J. ---------------------------------------------- R.P.No.89/07 in W.P.(C) No.22337/04 ---------------------------------------------- Dated 21st March, 2007. O R D E R
The issue pertains to approval of appointment of the
petitioner. According to the petitioner, the University having approved
her appointment, she is entitled to get all the consequential benefits.
Reliance is placed on the bench decision of this Court in Cherian
Mathew v. Principal, S.b.College, Changanassery (1998(2) KLT
144). However in the judgment, taking note of the judgment in an
identical case (O.P.No.35529/02), a direction was issued to the
Government to extend the similar benefits to the petitioner. In
Annexure II order, the Government has sought to distinguish the case
of the petitioner on the ground that the case of the petitioner covered
by Ext.P21 judgment factually differs since there, the petitioner had 8
hours of work whereas the petitioner herein had only 6 hours of work.
It is not on account of the periods of work the judgment was rendered,
but on account of the bench decision referred to above. I allow the
review petition and recall the judgment dated 23.8.2004.
Consequently, Annexure II order dated 4.11.2004 is set aside.
KURIAN JOSEPH, JUDGE.
tgs
KURIAN JOSEPH, J
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O.P.No. of 2002
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J U D G M E N T
Dated 21st March, 2007.