IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 RP.No. 28 of 2010 ------------------- AGAINST THE JUDGEMENT IN WA.1459/2005 Dated 15/09/2009 .................... REVIEW PETITIONER: APPELLANT: ------------------------------------------- R.APPUKUTTAN PILLAI, FULL TIME MENLAL, V.H.S.S. MUTHUKULAM, ALAPPUZHA DISTRICT. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.PETER JOSE CHRISTO SRI.S.A.ANAND SRI.RAMESH. C.R. SRI.K.V.VIMAL SRI.JOVY GEORGE VARGHESE RESPONDENT(S)/RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER, ALAPPUZHA. 4. THE MANAGER, V.H.S.S.MUTHUKULAM, ALAPPUZHA DISTRICT. 5. SHAJI, PEON, V.H.S.S.,MUTHUKULAM, ALAPPUZHA DISTRICT. BY SENIOR GOVT.PLEADER SRI.BENNY GERVASIS FOR R1 TO R3 ADV.SMT.V.P.SEEMANDINI, SENIOR ADVOCATE FOR R4 ADV.SRI.M.R.ANISON FOR R4 THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 27/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. BALAKRISHNAN NAIR & P.BHAVADASAN, JJ. ------------------------------ R.P.No.28/2010 IN W.A.No.1459/2005 ------------------------------ Dated this, the 27th day of January, 2010 Order Balakrishnan Nair, J. This review is filed, pointing out that Ext.R4(b) order dated 21.8.2001 passed by the Manager, imposing a punishment of barring two increments with cumulative effect on the review petitioner, cannot be taken into account while considering his claim for promotion. According to the review petitioner, that order does not have the ratification of the Educational Officer as provided in Rule 70 of Chapter XIV-A of the Kerala Education Rules. But, we notice that the said order has been affirmed by the statutory authorities, including the Government and those orders are under challenge in W.P.(C) No.9429/2008, pending before this Court. The invalidity of Ext.R4(b) order is a matter which the review petitioner may canvass in that Writ Petition. We have already provided sufficient safeguards in the judgment RP No.28/2010 - 2 - under review to the appellant/review petitioner to seek promotion, notwithstanding the judgment under review, if he succeeds in that Writ Petition. Therefore, we find no ground to review the judgment. Accordingly, the Review Petition is dismissed. It is made clear that the findings in the judgment under review or in this order will not affect the contentions of the review petitioner/appellant in W.P.(C) No.9429/2008. K. Balakrishnan Nair, Judge. P.Bhavadasan, Judge. nm.