IN THE HIGH COURT OF KERALA AT ERNAKULAM
RP.No. 600 of 2000()
1. P.M.GEORGE
... Petitioner
Vs
1. JOSEPH BENZY
... Respondent
For Petitioner :SRI.C.P.SUDHAKARA PRASAD (SR.)
For Respondent :SRI.PIRAPPANCODE V.SREEDHARAN NAIR
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :13/11/2008
O R D E R
J.B. KOSHY & THOMAS P.JOSEPH, JJ.
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C.M.P. No.8311 of 2000 in R.P. No. 600 of 2000
AND
R.P. No.600 of 2000
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Dated this the 13th day of November, 2008
O R D E R
—————
Koshy, J.
This review petition is filed by the 4th respondent in the
Writ Appeal. He was working along with other appellants in the
KTDC Hotel. A vacancy arose in the post of Commercial
Accountant in the year 1982. At that time he was not qualified
to be promoted as qualified accountant and he was promoted
only in the year 1986. In view of the advertisement in 1982,
direct recruits were appointed and the respondents herein are
the direct recruits. Question was who will be the senior and a
Division Bench of this Court by the judgment sought to be
reviewed found that as far as the petitioner is concerned he
was not qualified when the vacancy arose and direct recruits
were senior to the petitioner, upholding the view of the learned
Single Judge.
2. If the petitioner is aggrieved, he has to file appeal
and review petition cannot be equated to an appeal or a
petition for re-hearing. Hence the review petition is liable to be
C.M.P. No.833/2000 IN R.P. No.600/2000 &
R.P. No.600 of 2000
-: 2 :-
dismissed. We also note that the review petition was filed with a delay
of 41 days in the year 2000. It was not brought before the Court by
taking early steps. The review petition is brought before the court
only now, after retirement of the learned Judges who pronounced the
judgment. No satisfactory explanation is also given in the affidavit in
support of the application to condone the delay.
Hence both the delay petition and the review petition are
dismissed.
J.B. KOSHY, JUDGE.
THOMAS P.JOSEPH, JUDGE.
vsv
J.B. KOSHY &
THOMAS P.JOSEPH, JJ.
=========================
C.M.P. NO.8311 OF 2000
IN
R.P. NO.600 OF 2000
AND
R.P. NO.600 OF 2000
ORDER
13TH NOVEMBER, 2008