IN THE HIGH COURT OF KERALA AT ERNAKULAM
RP.No. 541 of 2006()
1. STATE OF KERALA,
... Petitioner
2. THE SECRETARY TO GOVERNMENT,
Vs
1. KUNJUMON V.VARGHESE, S/O.V.K.VARGHESE,
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.S.SUBHASH CHAND
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice A.K.BASHEER
Dated :10/07/2008
O R D E R
KURIAN JOSEPH & A.K.BASHEER, JJ.
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R.P.No.541 of 2006 in W.A.No.2206 of 2005 &
R.P.No.558 of 2006 in W.A.No.1931 of 2005
-----------------------------------------
Dated this the 10th day of July, 2008
O R D E R
Kurian Joseph,J.
These review petitions are filed by the State praying for a
review of the judgment dated 30-11-2005. This court directed
the Government to implement the directions in the judgment
under appeal within a period of two months. The directions in
the judgment under appeal is contained at paragraph 5 of the
judgment of the learned single Judge, which reads as follows:-
“5. Accordingly I set aside Ext.P15 in
O.P.25777/1999 and Ext.P16 in O.P.16082/1999. The
Government will reconsider the cases of the petitioners
in so far it relates to those spells to which G.O.(P)
No.274/70/Fin. dt. 29-4-1970 applies, by reason of the
Note to Rule 10 of Appendix XII-A of K.S.R. in
accordance with the law laid down by this Court by
treating that the petitioners are entitled to count the
leave period availed by them for all service benefits
except pension and other service benefits expressly
excluded under the K.S.R. Consequential orders shall
follow from the Government within a period of two
months from the date of receipt of a certified copy of
this judgment. Needless to say, the petitioner in each
case will be afforded an opportunity of being heard
before any decision is taken except, of course, in case
where the Government decides to order in their favour
even without hearing them.”
The learned Government Pleader submits that the learned single
R.P.Nos.541 & 558/2006
-:2:-
Judge had only directed the Government to decide the case of the
writ petitioner in the light of the law laid down by this court. The
law laid down by this court is the decision referred to in our
judgment, ie. K.S.R.T.C. Vs. Noorudeenkutty, reported in 2005
(3) KLT 504. Necessarily the Government will have to take a
decision in the light of the above decision. We have only directed
the Government to implement the direction contained in the
judgment. Therefore, the apprehension of the State that there is
a positive direction by the Division Bench notwithstanding the
scope of the judgment of the learned single Judge is without any
basis. Therefore, no orders are necessary in these review
petitions. The review petitions are hence closed.
(KURIAN JOSEPH, JUDGE)
(A.K.BASHEER, JUDGE)
ahg.
KURIAN JOSEPH &
A.K.BASHEER, JJ.
—————————
R.P.No.541 of 2006 in
W.A.No.2206 of 2005 &
R.P.No.558 of 2006 in
W.A.No.1931 of 2005
—————————-
O R D E R
10th July, 2008