IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 12TH OCTOBER 2010 / 20TH ASWINA 1932 RP.No. 896 of 2010() ------------------------- AGAINST THE JUDGEMENT/ORDER IN OP.3478/2001 .................... REVIEW PETITIONER(S): RESPONDENTS 1 & 2 IN THE WPC --------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO GOVERNMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. SANDESH RAJA RESPONDENT(S): PETITIONER & 3RD RESPONDENT IN THE WPC --------------------------------------------------------------------------- 1. K.P.LAILARAM, KOCHILATT HOUSE, MULAVUKAD.P.O., KOCHI-682 504. 2. COCHIN PORT TRUST, REP. BY ITS SECRETARY KOCHI, SECRETARY COCHIN PORT TRUST, ERNAKULAM - PIN-682 004. R2 BY ADVS. DR. K.P. SATHEESAN, SRI. A.M. SHAFFIQUE THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 12/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs/ S.SIRI JAGAN, J. ----------------------- R.P No.896 OF 2010 in O.P.No.3478 of 2001 ------------------------------------ Dated this the 12th day of October, 2010 O R D E R This Review Petition is filed by the State seeking review of my judgment dated 10.3.2010, which was rendered on the basis of an admission made by the learned Government Pleader appearing in the case to the effect that the service of the petitioner in the writ petition in the Cochin Dock Labour Board can also be reckoned for the purpose of retirement benefit due to the petitioner, if the petitioner pays pro-rata pension contribution payable by the Cochin Dock Labour Board. The Review Petition is filed on the basis that the submission made by the learned Government Pleader was wrong and there is no provision in Government orders for reckoning service in the Cochin Dock Labour Board for the purpose of pension in the Government service, even if pro-rata pension contribution is paid by the Government employee. 2. I have heard both sides. In view of the submission that the learned Government Pleader had made a wrong submission inadvertently, I am inclined to recall my judgment dated 10.3.2010. Accordingly, the R.P No.896 OF 2010 in O.P.No.3478 of 2001 2 Review Petition is allowed and the judgment dated 10.3.2010 is recalled. Post the original petition for hearing. S.SIRI JAGAN, JUDGE. mns