Kerala High Court
K.S.Sunil Kumar vs Chairman & Secretary on 31 May, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
RP NO. 440 OF 2022
AGAINST THE ORDER/JUDGMENT DATED 09.08.2017 IN OP (CAT) 227/2017
OF HIGH COURT OF KERALA
REVIEW PETITIONER/ PETITIONER IN THE OP(CAT):
K.S.SUNIL KUMAR
AGED 59 YEARS, S/O K.K. SUKUMARAN, RESIDING AT T.C.
7/739920, SINDHOORAM, KOURA-23, KOCHULLOOR, MEDICAL
COLLEGE PO. THIRUVANANTHAPURAM-695 011.
BY ADV DR.SILPA AZIZ
RESPONDENTS/RESPONDENTS IN OP(CAT):
1 THE CHAIRMAN & SECRETARY DEPARTMENT OF SPACE, INDIAN
SPACE RESEARCH ORGANIZATION, ANTHARIKSH BHAWAN, NEW
BEL ROAD, BANGALORE-560 231.
2 THE DIRECTOR, VIKRAM SARABHAI SPACE CENTRE, THUMBA,
THIRUVANANTHAPURAM-695 022. CHAIRMAN & SECRETARY
SRI.JAISHANKAR V NAIR, CGC
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
:2:
R.P.No440 of 2022
in
OP(CAT).No.227 of 2017
ORDER
A.K.Jayasankaran Nambiar, J.
This Review Petition is preferred by the petitioner in
OP(CAT).No.227 of 2017, who took voluntary retirement from the 2 nd
respondent organisation under the Department of Space, Government
of India. It would appear that after his retirement from the
organisation, he had raised a claim for certain service benefits based on
a claim for antedated promotion as Engineer SE with effect from
01.07.1997 as against 01.07.2003, the date on which he was actually
granted promotion as Engineer SE. Finding that the claim for antedated
promotion and consequential benefits had come belatedly, the O.A filed
before the Central Administrative Tribunal was dismissed, and
thereafter, the OP(CAT).No.227 of 2017 preferred by the petitioner was
also dismissed by a Division Bench of this Court. It would appear that,
thereafter, the petitioner approached the Supreme Court through an
order dated 10.01.2018 in SLP(C).No.36198 of 2017, which was
dismissed with the following finding:-
"We do not find any reason to entertain this Special
R.P.No440 of 2022
in
OP(CAT).No.227 of 2017
Leave Petition, which is, accordingly dismissed.
Pending Interlocutory Applications, if any, stand
disposed of."
2. It is necessary to note that the order of the Supreme Court in
the SLP is dated 10.01.2018, and the petitioner has now chosen to file a
Review Petition in 2022 after filing an affidavit in support of an
application to condone the delay in approaching this Court while filing
the Review Petition.
3. We have heard Dr.Silpa Aziz the learned counsel for the review
petitioner as also Sri.Jaishankar V. Nair the learned Assistant Solicitor
General of India for the respondents.
On a consideration of the rival submissions, we are of the view
that inasmuch as the SLP preferred by the petitioner against the
judgment of a Division Bench of this Court in OP(CAT).No.227 of 2017
was dismissed by the Supreme Court with the reasons stated above, a
fresh Review Petition cannot be entertained by this Court more so in
the absence of any leave granted to file such Review Petition by the
Supreme Court. It is also relevant to note that the Review Petition itself
has been filed along with a delay condonation application that seeks to
R.P.No440 of 2022
in
OP(CAT).No.227 of 2017
condone a delay of 945 days. We might, in this connection, also point
out that we have taken a similar view in an order dated 05.08.2021 in
R.P.No.503 of 2021, wherein we have considered the scope and ambit of
orders such as the one passed by the Supreme Court in the SLP as
noted above, and the effect it has to preclude the entertainment of
subsequent Review Petitions. We find ourselves unable to accept the
plea of the learned counsel for the Review petitioner, and hence the
Review Petition is dismissed.
Sd/-
A.K.JAYASANKARAN NAMBIAR
JUDGE
Sd/-
MOHAMMED NIAS C.P.
JUDGE
mns
R.P.No440 of 2022
in
OP(CAT).No.227 of 2017
APPENDIX
PETITIONERS ANNEXURES:
ANNEXURE A1: TRUE COPY OF THE SPECIAL LEAVE PETITION ORDER
DATED 10.01.2018
ANNEXURE A2: TRUE COPY OF THE ORDER OF DISTRICT COURT IN
REFERENCE TO OFFICIAL MEMORANDUM NO.D1-45545 OF 2021 DATED
24.09.2022 ALONG WITH THE COPY OF PETITION PUT IN BY
SRI.SUNILKUMAR S OF THE HON'BLE HIGH COURT OF KERALA, RECEIVED
ON 29.09.2021
RESPONDENTS ANNEXURES:NIL
//TRUE COPY//
P.A TO JUDGE
