Citation : 2021 Latest Caselaw 10119 Ker
Judgement Date : 25 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 25TH DAY OF MARCH 2021 / 4TH CHAITHRA, 1943
RP.No.178 OF 2021 IN WP(C). 38561/2017
FOR REIVEW OF THE JUDGMENT DATED 28.05.2019 IN WP(C) 38561/2017(U)
OF HIGH COURT OF KERALA
REVIEW PETITIONER/PETITIONER:
ROOPA P, AGED 37 YEARS,
W/O.HAREENDRAN P., PUTHALATH HOUSE,
P.O.IRITTY, KANNUR-670 793.
BY ADVS.
SRI.KALEESWARAM RAJ
SRI.VARUN C.VIJAY
KUM.THULASI K. RAJ
SMT.MAITREYI SACHIDANANDA HEGDE
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
DEPARTMENT OF CO-OPERATION, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE REGISTRAR,
DEPARTMENT OF CO-OPERATION, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
3 THE GENERAL MANAGER,
KANNUR DISTRICT CO-OPERATIVE BANK LTD.,
IRITTY, KANNUR-670 793.
4 BIJU, PEON,
KANNUR DISTRICT CO-OPERATIVE BANK LTD.,
KANNUR-670 793.
BY ADVS.SRI.M.SASINDRAN, SC,
KANNUR DISTRICT CO.OP. BANK
SRI. MATHEW GEORGE VADAKKEL - SR.GP
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
25.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RP.No.178/2021 IN WP(C)No.38561/2017
-2-
ORDER
Dated this the 25th day of March 2021
This Review Petition has been filed by the
petitioner seeking that the judgment, dated
28.05.2019 in W.P.(C)No.38561 of 2017, of this
Court be reviewed, since the submission made on
behalf of the Kannur District Co-operative Bank,
that the 4th respondent in the writ petition -
Sri.Biju, had never been appointed in their
services is incorrect. The petitioner has produced
Annexures I and II in substantiation of her plea
and thus pray that this matter be reconsidered by
this Court on its merits.
2. Sri.M.Saseendran - the learned counsel
appearing for the respondent Bank, submitted that
the 4th respondent in the writ petition was not
appointed substantially, but engaged on daily wage
basis. He added that his submission before this
Court, that Sri.Biju never appointed, was made so RP.No.178/2021 IN WP(C)No.38561/2017
as to mean that his engagement was never
substantial.
3. Even when I hear Sri.M.Saseendran on the
afore lines, the fact remains that this Court
proceeded on the impression that 4th respondent in
the writ petition was never engaged or appointed
by the Bank at any point of time.
Obviously, this does not appear to be
correct; and I, therefore, deem it appropriate to
allow this Review Petition and to recall the
judgment. It is so ordered.
Registry is directed to post the writ
petition as per roster.
Sd/-
DEVAN RAMACHANDRAN JUDGE akv RP.No.178/2021 IN WP(C)No.38561/2017
APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE I TRUE COPY OF THE ORDER OF THE STATE INFORMATION COMMISSION DATED 30.12.2020.
ANNEXURE II TRUE COPY OF THE ORDER DATED 18.11.2019 WITH TYPED COPY.
ANNEXURE III TRUE COPY OF THE LIST BY THE 3RD RESPONDENT ALONG WITH COVERING LETTER DATED 17.02.21 BY THE STATE PUBLIC INFORMATION OFFICER.
RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY// P.A. TO JUDGE
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