IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 RP.No. 57 of 2009(A) -------------------- AGAINST THE JUDGEMENT IN WA.1310/2007 Dated 05/02/2009 .................... REVIEW PETITIONERS: RESPONDENTS 4 & 5/RESPONDENTS 4 & 5: -------------------------------------------------- 1. SABU KUMAR, P.C.3146,POOCHAKKAL POLICE STATION, ALAPPUZHA DISTRICT. 2. PRAKASHAN, P.C.3361,ALAPPUZHA SOUTH POLICE STATION, ALAPPUZHA DISTRICT. BY ADV. SRI.M.K.PRADEEPKUMAR RESPONDENTS/APPELLANTS & RESPONDENTS 1 TO 3/ PETITIONERS & RESPONDENTS 1 TO 3: ---------------------------------------------------- 1. STATE OF KERALA,, REPRESENTED BY THE COMMISSIONER AND SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM,. 2. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT OF POLICE, ALAPPUZHA 4. IBRAHIMKUTTY P.C. 3582, KUTHIYATHODE POLICE STATION, ALAPPUZHA DISTRICT. 5. SURESH KUMAR P.C. 3595, KUTHIYATHODE POLICE STATION, ALAPPUZHA DISTRICT. 6. JAYAKUMAR, P.C. 3535, KUTHIYATHODE POLICE STATION, ALAPPUZHA DIST. 7. DHARMAJAN, P.C. 3564, MUHAMMA POLICE STATION, ALAPPUZHA DISTRICT. 8. MOHANAN, P.C.3572, ALAPPUZHA SOUTH POLICE STATION, ALAPPUZHA DISTRICT. 9. RAJAGOPALA PILLAI, P.C.3576, AROOR POLICE STATION, ALAPPUZHA DISTRICT. 10. JOSEPH JOSEPH, P.C.3592,EDATHUVA POLICE STATION, ALAPPUZHA DISTRICT. BY GOVERNMENT PLEADER SRI.BENNY GERVASIS FOR R1 TO R3 SRI.M.V.BOSE FOR R4 TO R10. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 16/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH & C.K.ABDUL REHIM, JJ. ------------------------------------------------- R.P.No.57/2009 in W.A.No.1310/2007 -------------------------------------------------- Dated this the 16th day of January, 2009 O R D E R Kurian Joseph,J. Heard counsel for the review petitioners, learned Senior Government Pleader appearing for respondents 1 to 3, and Sri.M.V.Bose, learned counsel appearing for the party respondents. 2. The review petitioners apprehend that in case liberty is granted to the writ petitioners to claim the left over vacancies of 1988 and 1989, that would affect the seniority of the review petitioners. We are afraid the apprehension is totally misplaced. As far as the review petitioners are concerned, their seniority cannot be affected at all by any such exercise since their rights have been crystalised and finally settled. We have clearly stated that aspect in the judgment. Yet another contention is that there are no vacancies in 1988, as can be seen from R.P.No.57/2009 in W.A.No.1310/2007 -:2:- Annexure 1 to the review petition and at any rate, those things are subject matter of W.P(C)No.35695/2004 and other connected matters. Necessarily these aspects will also have to be considered by the authority while considering the representations, if any, filed by the writ petitioners. The review petition is disposed of as above. (KURIAN JOSEPH, JUDGE) (C.K.ABDUL REHIM, JUDGE) ahg. KURIAN JOSEPH & C.K.ABDUL REHIM, JJ. --------------------------- R.P.No.57/2009 in W.A.No.1310/2007 ---------------------------- O R D E R 16th January, 2009