The Guruvayur Devaswom vs The Guruvayur Devaswom
2021 Latest Caselaw 4112 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

    THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942

              RP.No.89 OF 2021 IN WP(C). 19300/2020

   AGAINST THE JUDGMENT IN WP(C) 19300/2020(J) OF HIGH COURT OF
                              KERALA


REVIEW PETITIONER/2ND RESPONDENT:

             THE GURUVAYUR DEVASWOM
             GURUVAYUR, PIN-680 101,
             REPRESENTED BY ITS ADMINISTRATOR.

             BY ADV. SRI.T.K.VIPINDAS

RESPONDENTS/PETITIONER & 1ST RESPONDENT:

      1      VIMALAKUMARI.M.V
             WIFE OF UNNIKRISHNAN V.K, HIGH SCHOOL ASSISTANT
             (ENGLISH), GURUVAYUR DEVASWOM ENGLISH MEDIUM SCHOOL,
             PIN-680 101.

      2      STATE OF KERALA,
             REPRESENTED BY THE SECRETARY TO GOVERNMENT,
             DEPARTMENT OF AUDIT, GOVERNMENT OF KERALA,
             THIRUVANANTHAPURAM, PIN-695 001.



             BY ADV.
             SMT. REKHA C NAIR - SR.GP

     THIS REVIEW PETITION HAVING COME UP FOR ADMISSION            ON
04.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 RP.No.89 OF 2021 IN WP(C). 19300/2020

                                      2

                                   ORDER

This petition for review of the judgment

dated 13.10.2020, has been filed asserting

that the Government Order, referred to in

Paragraph No.4 therein, was brought to the

notice of this Court by the writ petitioner

and not by the petitioner herein; and that

being under the impression that same is

applicable to schools affiliated to the

C.B.S.E, it was incorrectly agreed that the

petitioner's claims will be considered on its

terms.

2. The review petitioner says that,

however, it is not clear whether the afore

mentioned Government Order will apply to the

schools governed by C.B.S.E Bye-laws and that

in addition, the proceedings of the Deputy

Director of Kerala State Audit, dated

06.05.2020, which had been produced along

with a memo of the Government Pleader dated

09.10.2020, in the writ petition, mentions RP.No.89 OF 2021 IN WP(C). 19300/2020

about a judgment secured by certain Teachers

of the School in WP(C)No.17144 of 2003. The

petitioner says that impact of the said

judgment is also not yet clear and therefore,

that the directions in the judgment sought to

be reviewed may be vacated.

3. Even when I hear Sri.Vipindas,

learned Standing Counsel for the review

petitioner on the afore lines, the fact

remains that I have not directed that the

petitioner's claims should be decided in a

particular manner, but only that it should be

taken note of, on the edifice of all relevant

inputs, including the Government Order

mentioned in the judgment.

Obviously, therefore, the review

petitioner will be at liberty to decide the

matter, assessing whether the Government

Order mentioned in the judgment is applicable

to the Schools affiliated to C.B.S.E and also

taking note of the judgment in WP(C)No.17144 RP.No.89 OF 2021 IN WP(C). 19300/2020

of 2003 appropriately. I do not, therefore,

think that the directions in the judgment,

sought to be reviewed, require any

modification and accordingly close this

review petition clarifying as afore.

After I dictated this order, the learned

counsel for the petitioner submitted that, in

compliance with the directions in the

judgment, an order dated 14.01.2021 has been

issued granting his client eligible pension.

If this be so, then obviously, the review

petitioner will keep in mind this also, while

complying with the directions in the judgment

and as far as possible, will not denude or

deny the said benefit without justifiable

reasons.

Sd/-

DEVAN RAMACHANDRAN

JUDGE

MC/9.2.2021