The Chief Secretary To Government vs Vinil Varghese
2023 Latest Caselaw 8104 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

         THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

                                       &

                 THE HONOURABLE MR. JUSTICE GOPINATH P.

        MONDAY, THE 31ST DAY OF JULY 2023 / 9TH SRAVANA, 1945

                            RP NO. 513 OF 2022

  AGAINST THE JUDGMENT DATED 01.02.2021 IN WA 143/2020 OF HIGH

                             COURT OF KERALA

REVIEW PETITIONERS/RESPONDENTS IN W.A:

    1          THE CHIEF SECRETARY TO GOVERNMENT
               SECRETARIAT THIRUVANANTHAPURAM, PIN - 695001


    2          THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
               KOZHIKODE, PIN - 673001


               BY ADV GOVERNMENT PLEADER SRI.RIYAL DEVASSY


RESPONDENT/RESPONDENT IN W.A:

               VINIL VARGHESE
               S/O. LATE K.M VARGHESE, MANAGER, SES COLLEGE,
               SREEKANDAPURAM, KANNUR DISTRICT, PIN - 670631


               BY ADVS.
               SRI.T.ASATALI (B/O)
               SRI.T.ASAFALI
               SMT.ELIZEBATH GEORGE
               SMT.LALIZA. T.Y.(CG-333)


        THIS    REVIEW   PETITION   HAVING    COME   UP   FOR   ADMISSION   ON

31.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                          :2:
R.P.No.513 of 2022
in
W.A.No.143 of 2020




                                 ORDER

Gopinath P., J.

This Review Petition has been filed by the State mainly on the

ground that Annexure F Government Order produced along with the

affidavit dated 10.01.2021 filed by the respondent in the Writ Appeal,

which is an order sanctioning six posts in the SES College,

Sreekandapuram, Kannur, had not been taken note of by the Division

Bench while disposing of W.A.No143 of 2020. It is submitted that this

order had not been challenged by the respondent and since the order

was issued on a consideration of the sanctioning of additional courses,

batches etc in the said college, the directions issued by the Division

Bench while disposing of W.A No.143 of 2020 regarding sanctioning of

additional posts and further the grant of the scale of pay to guest

lecturers cannot be sustained.

2. Heard the learned Government Pleader and the learned

counsel appearing for the respondent.

Though the learned counsel appearing for the respondent

vehemently argued that no case for review has been made out, we are

R.P.No.513 of 2022 in W.A.No.143 of 2020

of the view that the failure to note the issuance of Annexure F

constitutes a ground for review as the sanctioning of posts in terms of

Annexure F order would have a direct bearing on the directions issued

while disposing of W.A.No.143 of 2020. Therefore, this Review Petition

is allowed, and the judgment dated 01.02.2021 in W.A.No.143 of 2020 is

recalled. List W.A.No.143 of 2020 for consideration in accordance with

the roster.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

Sd/-

GOPINATH P.

JUDGE mns

R.P.No.513 of 2022 in W.A.No.143 of 2020

APPENDIX OF RP 513/2022

PETITIONER ANNEXURES

Annexure1 ANNEXURE1: TRUE COPY OF GO(MS) NO.

155/2020/H.EDN DATED 01.04.2020

Annexure II ANNEXURE II: TRUE COPY OF GO(MS) NO.

313/2020/H.EDN DATED 11.09.2020

Annexure III ANNEXURE III: TRUE COPY OF REPORT DATED 24.12.2021 OF THE DIRECTOR OF COLLEGIATE EDUCATION ALONG WITH THE RELEVANT PAGES CONTAINING S1. NO.122 CONCERNING SES COLLEGE, SREEKANDAPURAM

Annexure IV ANNEXURE IV : TRUE COPY OF GO(RT) NO.

1293/2018/H.EDN DATED 04.07.2018

RESPONDENT ANNEXURES

ANNEXURE R-1(A) TRUE COPY OF THE PROPOSAL DATED 26-11-2015 SUBMITTED BY THE PRINCIPAL,SES COLLEGE AND COUNTER SIGNED BY THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,KOZHIKODE.

ANNEXURE R-1(B) LEGIBLE COPY OF ANNEXURE R-1(A)

ANNEXURE R-1(C) TRUE COPY OF THE WORK LOAD DETAILS WHICH MARKED IN WRIT PETITION NO.2061/2018 AS EXHIBIT P-7A

ANNEXURE R-1(D) TRUE COPY OF G.O.(MS) NO.93/2018/H.EDN.

ANNEXURE R-1(E) TRUE COPY OFG.O.(MS) NO.87/2012/H.EDN. DATED 120302912.