IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 29TH MARCH 2011 / 8TH CHAITHRA 1933 RP.No. 1020 of 2010(S) ---------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.30723/2009 .................... REVIEW PETITIONER(S): RESPONDENT ---------------------------------------------- V.V.GOPALAKRISHNAN,AGED 64 YEARS, S/O.V.P.GOVINDAN NAMBIAR, RETIRED STATION MASTER GRADE-1, PERMANENTLY RESIDING AT 'KRISHNA KRIPA',ILLATHTHAZHA,THIRUVANGAD PO,THALASSERY-4. BY ADVS. SRI.SHAFIK M. ABDULKHADIR. SMT.SHAMEENA SALAHUDHEEN RESPONDENT(S): PETITIONERS ------------------------------------- 1. THE SECRETARY,MINISTRY OF RAILWAYS, RAIL BHAVAN,NEW DELHI. 2. THE GENERAL MANAGER,SOUTHERN RAILWAY, CHENNAI. 3. DIVISIONAL RAILWAY MANAGER,SOUTHERN RAILWAY, PALGHAT DIVISION, PALGHAT. R1 TO 3 BY ADV. SMT.SUMATHY DANDAPANI, SENIOR ADVOCATE SRI.N.B.SUNIL NATH,SC, RAILWAYS THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 29/03/2011, ALONG WITH RP. NO.77/2011 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs Thottathil B.Radhakrishnan & S.S.Satheesachandran, JJ. = = = = = = = = = = = = = = = = = = = = = = = = R.P.Nos.1020/2010 & 77/2011 in W.P(C).30723/2009-S = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 29th day of March, 2011. Order Thottathil B.Radhakrishnan, J. These review petitions are filed against a common order. The limited issue raised is that the impugned order in so far as it purports to affect the rights of one Sri.Sathyanesan, who is one of the review petitioners before us, is in contradiction to an earlier decision of the Apex Court binding Sathyanesan and Railways. Ext.P5 in WP(C).30723 of 2009 was subject matter of a Special Leave Petition before the Apex Court. Obviously, on the basis of the decision of the Apex Court, it was no more possible for us to sit in judgment on the correctness or otherwise of Ext.P5 in WP(C).30723 of 2009. We appear to have erroneously, while dictating judgment(the order sought to be reviewed), quashed Ext.P5 in RP1020/10 & 77/11 in WPC.30723/09 -: 2 :- WP(C).30723 of 2009 also. We vacate the order sought to be reviewed to that extent and further clarify that nothing contained in the impugned order shall be read in contradiction to the decision of the Apex Court on the SLP which arose from Ext.P5 in WP(C).30723 of 2009. We also clarify that we have not spoken anything on the stand of the Railways on the modalities and the manner in which they had complied with the directions of the Supreme Court. All such issues are left open for the Tribunal to decide, following the order sought to be reviewed as modified hereby. Sd/- Thottathil B.Radhakrishnan, Judge. Sd/- S.S.Satheesachandran, Judge. Sha/3103 -true copy- P.S.to Judge.