High Court Kerala High Court

State Of Kerala vs K.P.Lailaram on 12 October, 2010

Kerala High Court
State Of Kerala vs K.P.Lailaram on 12 October, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RP.No. 896 of 2010()


1. STATE OF KERALA, REPRESENTED BY
                      ...  Petitioner
2. THE DIRECTOR GENERAL OF POLICE,

                        Vs



1. K.P.LAILARAM, KOCHILATT HOUSE,
                       ...       Respondent

2. COCHIN PORT TRUST,

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :12/10/2010

 O R D E R
                          S.SIRI JAGAN, J.
                         -----------------------
                     R.P No.896 OF 2010 in
                       O.P.No.3478 of 2001
                   ------------------------------------
           Dated this the 12th day of October, 2010


                              O R D E R

This Review Petition is filed by the State seeking review of

my judgment dated 10.3.2010, which was rendered on the basis

of an admission made by the learned Government Pleader

appearing in the case to the effect that the service of the

petitioner in the writ petition in the Cochin Dock Labour Board can

also be reckoned for the purpose of retirement benefit due to the

petitioner, if the petitioner pays pro-rata pension contribution

payable by the Cochin Dock Labour Board. The Review Petition is

filed on the basis that the submission made by the learned

Government Pleader was wrong and there is no provision in

Government orders for reckoning service in the Cochin Dock

Labour Board for the purpose of pension in the Government

service, even if pro-rata pension contribution is paid by the

Government employee.

2. I have heard both sides.

In view of the submission that the learned Government

Pleader had made a wrong submission inadvertently, I am

inclined to recall my judgment dated 10.3.2010. Accordingly, the

R.P No.896 OF 2010 in
O.P.No.3478 of 2001 2

Review Petition is allowed and the judgment dated 10.3.2010 is

recalled. Post the original petition for hearing.

S.SIRI JAGAN, JUDGE.

mns