Kerala High Court
Craftsman Shajilal Sd vs Union Of India on 3 July, 2025
Author: Amit Rawal
Bench: Amit Rawal
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R.P No.756 of 2025
2025:KER:49278
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE MURALEE KRISHNA S.
THURSDAY, THE 3RD DAY OF JULY 2025 / 12TH ASHADHA, 1947
RP NO. 756 OF 2025
AGAINST THE JUDGMENT DATED 29.05.2025 IN WP(C) NO.8871
OF 2024 OF HIGH COURT OF KERALA
REVIEW PETITIONER/PETITIONER:
CRAFTSMAN SHAJILAL SD
AGED 62 YEARS
(EX NO.14533887K) S/O LATE PK DAS KURUMTHODATHU HOUSE
EVOOR SOUTH, KEERIKAD PO ALAPPUZHA DIST,
KERALA, PIN - 690508
BY ADV SHRI.GYOTHISH CHANDRAN
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY MINISTRY OF DEFENCE,
SOUTH BIOCK, NEW DELHI, PIN - 110011
2 THE CHIEF OF THE ARMY STAFF
INTEGRATED HEAD QUARTERS (ARMY) L SOUTH BLOCK,
NEW DELHI, PIN - 110011
3 OIC RECORDS
EME RECORDS, C/O 56 APO, PIN - 900453
4 PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS
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R.P No.756 of 2025
2025:KER:49278
(PENSIONS) OFFICE OF THE PCDA(P) DRAUPATIGARH,
ALLAHABAD-, PIN - 211014
OTHER PRESENT:
SRI C DINESH SCGC
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
03.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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R.P No.756 of 2025
2025:KER:49278
AMIT RAWAL & MURALEE KRISHNA S., JJ.
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RP No.756 of 2025
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Dated this the 3rd day of July, 2025
ORDER
Muralee Krishna S., J.
By the judgment dated 29.05.2025, this Court allowed the writ petition filed by the petitioner herein in part. Now, the petitioner approached this Court with the above review petition filed under section Order XLI Rule 1 r/w Section 114 of the Code of Civil Procedure, 1908, pointing out that there is an error apparent on the face of the record in the operative portion of the judgment.
2. Heard the learned counsel for the petitioner and the learned Central Government Counsel for the respondents.
3. From the submissions made at the Bar, we notice that an inadvertent typographical error occurred in paragraph 15 of the judgment as well as in the relief portion. In the judgment, by analysing the rival contentions of the parties concerned, we found that the petitioner is entitled for invalid pension. But, instead of 4 R.P No.756 of 2025 2025:KER:49278 granting that relief, in paragraph 15 as well as in the relief portion of the judgment, reassessment of disability by a medical board was happened to be directed due to a clerical error. Therefore, the review petition is allowed by correcting the judgment dated 29.05.2025 passed in W.P.(C)No.8871 of 2024 as under;
(i) Delete the sentences starting from the word 'provided' till the word 'Board' occurring in line numbers 5 to 9 of paragraph 15 of the judgment.
(ii) Substitute the 'coma' with 'full stop' after the word 'pension' in the 5th line of paragraph 15.
(iii) Delete the relief portion starting from the word "In the result" till the words "7% per annum" and substitute therein "In the result, the writ petition is allowed and the competent among the respondents are directed to issue a PPO, granting invalid pension to the petitioner at the rate entitled by him with arrears for a period of three years prior to the filing of the original application before the tribunal, at the earliest, at any rate, within a period three months from 5 R.P No.756 of 2025 2025:KER:49278 the date of receipt of a copy of this judgment, failing which the unpaid arrears would carry interest at 7% per annum."
Sd/-
AMIT RAWAL, JUDGE Sd/-
MURALEE KRISHNA S., JUDGE MSA