IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931 RP.No. 667 of 2005(S) ------------------ --------------------- AGAINST JUDGMENT IN OP NO.23889/2001 DATED 28.2.2003 REVIEW PETITIONERS/RESPONDENTS 1 TO 3: ------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVT. SECRETARIAT, TRIVANDRUM. 2. THE PRINCIPAL SECRETARY, FINANCE DEPARTMENT, GOVT.SECRETARIAT, TRIVANDRUM. 3. THE PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM. BY SR.GOVERNMENT PLEADER SRI.MANOJ KUMAR RESPONDENTS/PETITIONER & RESPONDENT NO.4: --------------------------------------------------------------------------- 1. K.E. MAMMEN, KANDATHIL VEEDU, KUNNUKUZHY P.O., THIRUVANANTHAPURAM. 2. V. VIJAYA KUMAR, ASST.EXECUTIVE ENGINEER (TECH), O/O. THE CHIEF ENGINEER, (E & B), TRIVANDRUM & GENERAL SECRETARY, KERALA P.W.D. GRADUATE ENGINEERS' ASSOCIATION THIRUVANANTHAPURAM. ADV. DR.K.P.SATHEESAN FOR R1 THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 23/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ R.P.No.667 of 2005 in O.P.No.23889 of 2001 ------------------------------------------ Dated, this the 23rd day of June, 2009 ORDER Kurian Joseph, J. This is a review petition at the instance of respondents 1 to 3 in the writ petition. The learned Government Pleader submits that their grievance is only with regard to the observation in paragraph 3 of the judgment to the effect that the Council of Ministers had taken a decision to withdraw the order dated 9.2.1996 protecting the promotions already effected in the case of engineers till that date. It is stated in the review petition that the Council of Ministers had subsequently reviewed their decision leading to Annexure C order. 2. In view of Annexure C order, we make it clear that the review petitioners will not be bound by the observation contained in paragraph 3 of the impugned judgment to the effect R.P.No.667 of 2005 - 2 - that Government had decided not to revert the officers who had obtained promotions till 9.2.1996. Review petition is disposed of as above. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns