IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 RP.No. 897 of 2008(J) --------------------- AGAINST THE JUDGEMENT/ORDER IN OP.36634/2001 Dated 31/05/2006 .................... REVIEW PETITIONER(S): REVIEW PETITIONERS/RESPONDENTS IN THE W.P.(C) ------------------------------------------------------------------- 1. THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, DEPARTMENT OF FINANCE, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE ACCOUNTANT GENERAL (A & E) KERALA, THIRUVANANTHAPURAM. 4. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM. 5. THE ASSISTANT EDUCATIONAL OFFICER, KUNNAMKULAM, THRISSUR DISTRICT. BY GOVERNMENT PLEADER SRI.N.MANOJ KUMAR RESPONDENT(S): PETITIONERS IN THE W.P.(C) ----------------------------------------- 1. C.P.ROSY, W/O.E.P.FRANCIS, (HEADMISTRESS (RETD.), ST.JOSEPH'S L.P.SCHOOL, ALOOR,EMMATHY HOUSE, MATTAM, THRISSUR-680 602. 2. C.C.MARY, (HEADMISTRESS (RETD).A.L.P. SCHOOL PPAYYUR) CHERUBVATHOOR HOUSE, KANIPPAYYOOR, KUNNAMKULAM, THRISSUR DISTRICT. ADV. SRI.V.A.MUHAMMED FOR R1-2 SRI.K.E.HAMZA FOR R1-2 THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 06/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH, J. ----------------------------------------- R.P.No.897 of 2008 in O.P.No.36634 of 2001 ----------------------------------------- Dated this the 6th day of October, 2009 O R D E R This review petition is at the instance of the respondents in the writ petition. As per judgment dated 31-5-2006 this court disposed of the writ petition observing that there was no counter affidavit and further that the writ petitioners were entitled to the benefit of Ext.P6 circular. It is pointed out in the review petition that the State had already filed counter affidavit. Still further it is submitted that the circular had already been withdrawn. Learned counsel for the writ petitioners, on the other hand, submits that the judgment had already been complied with and substantial portion of the benefits had already been disbursed. Be that as it may, in view of the above submissions, it is only appropriate that the writ petition is heard afresh on merits. Therefore, the review petition is allowed. Judgment dated 31-5-2006 is recalled. Post the writ petition for hearing according to roster. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- R.P.No.897 of 2008 in O.P.No.36634 of 2001 ----------------------------------- O R D E R 6th October, 2009