Kerala High Court
/Non Party vs /Petitioners & on 27 February, 2015
Author: K.Harilal
Bench: Thottathil B.Radhakrishnan, K.Harilal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN
&
THE HONOURABLE MR.JUSTICE K.HARILAL
FRIDAY, THE 26TH DAY OF FEBRUARY 2016/7TH PHALGUNA, 1937
RP.No. 183 of 2016 (Z) IN OP(KAT).2906/2013
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AGAINST THE ORDER/JUDGMENT IN OP(KAT) 2906/2013 of HIGH COURT OF
KERALA DATED 27-02-2015
REVIEW PETITIONER(S):/NON PARTY
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S.LAISAMMA,
W/O.C.J.GEORGE, AGED 50 YEARS,
SENIOR GRADE COMPOSITOR,
CENTRAL PRESS, THIRUVANANTHAPURAM,
RESIDING AT T.C.27/2458(1), FOR A-E-88,
VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 014.
BY ADVS.SRI.GEORGE POONTHOTTAM
SMT.NISHA GEORGE
RESPONDENT(S):/PETITIONERS & RESPONDENTS
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1. P.B.SALINI,
OFFSET PRINTING MACHINE OPERATOR (SENIOR GRADE),
GOVERNMENT PRESS, MANNATHALA,
THIRUVANANTHAPURAM - 695 015,
RESIDING AT MADHAVOM PULLUVILA NEDUMON,
KALLAYAM P.O., THIRUVANANTHAPURAM - 695 043.
2. ANEESH KUMAR,
OFFSET PRINTING MACHINE OPERATOR (SENIOR GRADE),
GOVERNMENT PRESS, WAYANAD, MEPPADY P.O.,
WAYANAD - 673 577, RESIDING AT PADMA NIVAS,
KODENCHERRY P.O. PURAMERI VIA,
VADAKARA, KOZHIKODE - 673 503.
3. STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
PRINTING AND STATIONERY DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
4. THE DIRECTOR OF PRINTING,
GOVERNMENT CENTRAL PRESS,
THIRUVANANTHAPURAM - 695 001.
5. JACOB JOHN, RETIRED GOVERNMENT PRESS SUPERVISOR,
MANGALATHU VEEDU,
KUTTIPPOOVU, MALLAPPALLY P.O.,
PATHANAMTHITTA DISTRICT, PIN - 689 585.
RP183/16
6. MADHUKUMAR A.,
SUPERVISOR, OFFSET PRINTING SECTION,
GOVERNEMNT PRESS, MANNANTHALA,
THIRUVANANTHAPURAM - 695 015.
R6 BY SMT.DAISY A.PHILIPOSE
R3 & R4 BY ADV.V.K.RAFEEQ, GOVERNMENT PLEADER
R1 & R2 BY SRI.P.C.SASIDHARAN
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 26-02-2016,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
jg-26/2
THOTTATHIL B.RADHAKRISHNAN &
K.HARILAL, JJ.
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R.P.No.183 of 2016 in OP(KAT) No.2906 of 2013
................................................................
Dated this the 26th day of February, 2016
O R D E R
Thottathil B.Radhakrishnan, J.
Review petitioner is stated to be a person who is working in Government Press. Her complaint is that though she is eligible to be considered for promotion on the basis of the conditions imposed as per order dated 05.02.2014 in OP(KAT) Nos.2906 and 3432 of 2013, through the order sought to be reviewed issued on 27.02.2015 in OP(KAT) Nos.106 & 405 of 2014 and 2906 of 2013, there is a blanket stay of promotion or direct recruitment and this order runs contrary to the earlier directions issued on 05.02.2014. It is further pointed out that the order dated 05.02.2014 gives cogent reasons for issuance of that order, including the conditions imposed thereby. Therefore, there is an error apparent on the face of the order dated 27.02.2015, which is sought to be reviewed. Though technically, the petitioner is a third party to the litigation in hand, the fact of the matter remains that all promotions in Government Press stand interdicted through the order sought to be RP183/16 -2- reviewed. That, obviously, affects the review petitioner adversely. Therefore, we are of the view that this case would not fall within the ambit of the decisions of the Honourable Supreme Court of India in Rajeev Kumar & another v. Hemraj Singh Chauhan & Others [2010 (4) SCC 554] and of this Court in Gireesh Babu v. Pavithran [2013(3) KHC 165]. Hence, this review petition is maintainable.
For the reasons stated aforesaid, we see that there are sufficient grounds to review and recall the order dated 27.02.2015 in OP(KAT) Nos.106 & 405 of 2014 and 2906 of 2013 and we do so. Any consequential order, making absolute the order dated 27.02.2015 will also thereby stand reviewed and recalled. Obviously therefore, promotions will be effected in accordance with the directions contained in the order dated 05.02.2014 in OP(KAT) Nos.2906 and 3432 of 2013. The review petition is ordered accordingly.
(THOTTATHIL B.RADHAKRISHNAN, JUDGE) (K.HARILAL, JUDGE) jg-26/2