IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 RP.No. 294 of 2011() -------------------- AGAINST THE JUDGEMENT IN WPC.23987/2009 .................... REVIEW PETITIONER(S): RESPONDENTS --------------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. ACCOUNTANT GENERAL (A&E), THIRUVANANTHAPURAM, KERALA - 695 039. BY GOVERNMENT PLEADER, SMT.NISHA BOSE RESPONDENT(S): PETITIONER AND 4TH RESPONDENT -------------------------------------------- 1. A.J. JOSEPH, SELECTION GRADE (LECTURER), ST. STEPHEN'S COLLEGE, UZHAVOOR, S/O. JOPSEH, RESIDING AT ALAPPATTU HOUSE, KOLANI.P.O, THODUPUZHA.P.O, IDUKKI DISTRICT – 685 584 2. PRINCIPAL, ST.STEPHEN'S COLLEGE, UZHAVOOR, KOTTAYAM – 686 634 ADV. SRI.BABY ISSAC ILLICKAL FOR R2 SRI.ISAAC KURUVILLA ILLIKAL FOR R2 SRI.SIJI ANTONY FOR R1 THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 23/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RP NO.294/2011 APPENDIX REVIEW PETITIONERS EXTS: CERTIFIED COPY OF JUDGMENT IN WPC 23987/2010 DT.29/10/10. RESPONDENTS EXTS: NIL. \\True copy// P.A to Judge T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ R.P.No.294/2011 in W.P.(C). No.23987/2009-P ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 23rd day of November, 2011 O R D E R This review petition is filed by the respondents in the writ petition. This Court considered the claim of the petitioner in the light of Ext.P7 Government Order produced in the writ petition. Accordingly, a direction was issued to the Government to pass appropriate orders after reckoning the aided school service as per Ext.P2 produced in the writ petition, for pensionery benefits. 2. It is averred in the review petition that the petitioner will not come within the purview of Ext.P7 Government Order since he has not opted for Chapter III of the Pension Statute 1976. 3. In the counter affidavit filed on behalf of the first respondent/writ petitioner also it is explained that Chapter III of Pension Statutes, 1976 is applicable only to those who entered in service prior to 01/04/1958. It is stated that the writ petitioner R.P. No.294/2011 -:2:- is an employee coming under the purview of Chapter II of the University First Statute, 1976. It is submitted that due to an inadvertent omission, Ext.P7 document was wrongly included and averments were made in that regard. 4. In that view of the matter, as there is an apparent error in the Judgment, the review petition is allowed. The Judgment in the writ petition is recalled. Sd/- (T.R. Ramachandran Nair, Judge.) ms