IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 R.P.No. 770 of 2009 ----------------------------- AGAINST THE JUDGEMENT/ORDER IN WA.2444/2001 Dated 13/09/2007 .................... REVIEW PETITIONER(S) / RESPONDENTS ------------------------------------------------------------------ 1. UNION OF INDIA REP. BY THE SECRETARY DEPARTMENT OF PENSION AND PENSIONERS WELFARE SOUTH BLOCK, NEW DELHI. 2. THE DIRECTORATE GENERAL BORDER ROADS KASHMIR HOUSE, NEW DELHI. 3. THE CHIEF ENGINEER, PROJECTO BEACON, C/O. 56 APO 4. THE COMMANDER HEAD QUARTERS, BORDER ROAD TASK FORCE C/O. 56 APO BY ADV. SRI.P.PARAMESWARAN NAIR, ASST.SOLICITOR RESPONDENTS: -------------------------- 1. K.CHELLAMMA, RESIDING AT MADHAVALAYAM, BHARANIKAVU SOUTH, PALLICKAL.P.O., KAYAMKULAM. 2. LEELA BALAN, W/O. LATE M.B.KURUP RESIDING AT MADHAVALAYAM, BHARANIKAVU SOUTH PALLICKAL.P.O. KAYAMKULAM. ADV.SRI.R.RAJASEKHARAN THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 18/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.R.BANNURMATH, C.J. & A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C.M.Appln.No.116 OF 2009 & R.P.No.770 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of August 2009 ORDER Basheer, J. We have heard learned counsel for the petitioners and the learned counsel for the respondents. 2. We have also perused the averments contained in the affidavit filed in support of the application to condone the delay of 640 days in filing the review petition. 3. The judgment in Writ Appeal, which is sought to be reviewed, was pronounced by this Court on September 13, 2007 giving liberty to the appellant to approach the Defence Pension Disbursement authority, Alahabad for appropriate reliefs. The said authority was directed to consider the matter in accordance with law keeping in view Smt.Sankari Amma's case (Ex GS-148492 F PNR). 4. In the affidavit filed by the review petitioner, it is averred that: “after making prolonged correspondence and careful examination in the matter by Sectt BRDB and Ministry of Law and Justice, Deptt of Legal Affairs, Sectt BRDB vide their ID Note No.BRDB/05(323)/2008-GE-II dated 12 Jan 2009 directed to challenge the judgment dated 13 Sep 2007 as per the provisions contained in Govt. of India, Deptt of pension and pensioners Welfare OM No.33/5/89-P & PW (K) dated 09 April 1990. As per direction issued by C.M.Appln.No.116 OF 2009 & R.P.No.770 OF 2009 :: 2 :: HQ DGBR all the requisite documents/information were forwarded to the CGSC for preparation of draft appeal and the same was forwarded to HQ DGBR for vetting/approval; by Sectt BRDB. Now HQ DGBR advised to file review petition without vetting by Sectt BRDB vide their fax No.262208/LC(BCN) dated 27 May 2009 taking into consideration the likely delay in getting the approval, hence there occurred a delay of 640 days in filing the Review Petition.” 5. The above averments would reveal that the review petitioners had initially decided to file an appeal. But somehow later it appears that a decision was taken to file a review. All these processes consumed 640 days, according to the review petitioners. 6. Having carefully perused the averments in the affidavit, we are not at all satisfied that the delay is liable to be condoned. Therefore, the delay petition is dismissed. Consequently, the review petition is also dismissed. (S.R.BANNURMATH) CHIEF JUSTICE (A.K.BASHEER) JUDGE jes