IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 16TH FEBRUARY 2011 / 27TH MAGHA 1932 RP.No. 213 of 2003() -------------------- AGAINST THE ORDER IN CRP.1576/2002 DATED 24/09/2002 OS.11/1981 of I ADDL.DISTRICT COURT, ERNAKULAM .................... REVIEW PETITIONER(S): REVISION PETITIONER --------------------------------------------------------------------- JILU VARGHESE, TRAINING SCHOOL ASSISTANT ST. JOHN'S SYRIAN HIGHER SECONDARY SCHOOL VADAKARA, KOOTHATTUKULAM. BY ADV. VSRI V P K PANICKER SRI.VPK.PANICKER SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SMT.SREELEKHA PUTHALATH RESPONDENT(S): RESPONDENTS ----------------------------------------------- 1. P.J.JOSEPH, MANAGER ST.JOHN'S H.S.S. AND T.T.I. VADAKARA, OLIYAPURAM P.O. KOOTHATTUKULAM. (R1 IMPLEADED AS PER THE ORDER DATED 16.8.2007 IN I.A.NO.3601/2006) 2. P.P.MATHEW, CHAIRMAN AND MANAGER BOARD OF RECEIVER'S, ST. JOHN'S SYRIAN CHURCH VADAKARA. 3. KURIACHAN, S/O.AVIRACHAN AGRICULTURIST, THATTAMPARAYIL HOUSE OLIAPURAM, THIRUMARADI. 4. Fr. K.J.THOMAS, S/O.YAHANNAN KATHANAR CHERUKUNNEL, PALAKUZHA KARA PALAKUZHA VILLAGE, KARIMPANA. 5. E.S.PAILY, S/O.SKARIA EDAPUTHUSSERIL, KOOTHATTUKULAM KARA KOOTHATTUKULAM. RP 213/2003 IN CRP 1576/2002 -2- 6. K.P.ABRAHAM, S/O.PHILIPOSE KUNNATHU, PUTHENPURAYIL, VADAKARA KOOTHATTUKULAM VILLAGE, OLIAPURAM P.O. KOOTHATTUKULAM. 7. Fr.V.J.PAULOSE, S/O.JOSEPH VENGACHUVATTIL, VADAKARA OLIAPURAM P.O., KOOTHATTUKULAM. ADV. SRI.K.G.PAVITHRAN FOR R1 SMT.K.P.AMBIKA SRI.THOMAS KOSHY SRI.R.BINDU (SASTHAMANGALAM) THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 16/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- R.P.No.213 of 2003 in C.R.P.No.1576 of 2002 --------------------------------- Dated this the 16th day of February, 2011 O R D E R The Review Petitioner challenged Report No.46 in O.S.No.11 of 1981 on the file of the First Additional District Court, Ernakulam in C.R.P.No.1576 of 2002. The revision was disposed of by the order dated 24th September, 2002 holding that the revision petitioner having been promoted only on 16.10.2001, after the judgment in M.M.Dolichan vs. State of Kerala (AIR 2001 SC 216), the petitioner is not entitled to the reliefs prayed for. 2. It is submitted by the learned counsel for the petitioner that several teachers who were promoted after the decision in M.M.Dolichan vs. State of Kerala (AIR 2001 SC 216) are continuing in service and therefore, the same R.P.No.213/2003 in C.R.P.No.1576/2002 2 benefit which was extended to the other teachers should not have been denied to the petitioner. That is not a ground to review the order in the C.R.P. There is no error apparent on the face of the record warranting interference in review. Accordingly, the Review Petition is dismissed. It is made clear that dismissal of this Review Petition will not be a bar for the petitioner agitating her claims before the appropriate forum in accordance with law. K.T.SANKARAN JUDGE csl