IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 RP.No. 318 of 2009() -------------------- AGAINST THE JUDGEMENT IN WA.646/2007 .................... REVIEW PETITIONER(S): APPELLANT ------------------------------- K.INDIRA, H.S.A. (SOCIAL STUDIES), V.I.M.HIGH SCHOOL, PALLASANA, PALAKKAD DISTRICT. BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE SRI.S.SUJIN RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD. 4. V.I.M.HIGH SCHOOL, PALLASANA, PALAKKAD DISTRICT - REPRESENTED BY ITS MANAGER. 5. V.BALAKRISHNAN, TEACHER, C.I.M.HIGH SCHOOL, PALLASANA, PALAKKAD DISTRICT. 6. THE HEADMASTER, V.I.M.HIGH SCHOOL, PALLASANA, PALAKKAD DISTRICT. 7. SHAJI V. S/O. K.VASUDEVAN, RESIDING AT NEDUVILKALAM, PALLASANA P.O., PALAKKAD. ADV. SRI.P.R.VENKETESH FOR R5 GOVT.PLEADER SMT.R.BINDU SRI.T.C.SURESH KUMAR-R4 THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 26/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.BALAKRISHNAN NAIR & THOMAS P.JOSEPH, JJ. ---------------------------------------------- R.P.No.318/2009 in W.A. No.646 of 2007 ---------------------------------------------- Dated 26th March, 2010. O R D E R Balakrishnan Nair, J. The appellant is the review petitioner. She claimed appointment to the post of High School Assistant (Social Studies), in the leave vacancy, which arose on 3.1.2000. Her claim in this regard was rejected by the departmental authorities. So, the Writ Petition was filed, challenging those orders and also seeking appropriate further directions. 2. The learned Single Judge declined the relief sought in the Writ Petition. So, the Writ Appeal was preferred by her. It is common ground that the review petitioner is entitled to be promoted as High School Assistant (Social Studies), in the vacancy, which arose on 5.6.2002. In the Writ Appeal, she moved an interlocutory application, praying for a direction to approve her appointment from 5.6.2002. While hearing that application, the Writ Appeal itself was disposed of, granting the relief sought in the interlocutory application. The review petitioner submits that her claim for appointment from 3.1.2000, was not considered by the Division Bench. She further submits RP NO.318/09 2 that it is an error apparent on the face of the record and therefore, the judgment under review may be recalled. 3. We heard the learned counsel for the review petitioner and the learned Government Pleader, for the respondents. We notice that her claim in the Writ Petition and the Writ Appeal was for promotion to the post of High School Assistant (Social Studies), from 3.1.2000. Since that claim was not considered in the Writ Appeal, the judgment under review is vitiated by an error apparent on the face of the record. Accordingly, the judgment under review is recalled and the Writ Appeal is restored to file, for rehearing. K.BALAKRISHNAN NAIR, JUDGE. THOMAS P.JOSEPH, JUDGE. tgs K.BALAKRISHNAN NAIR & THOMAS P.JOSEPH, JJ. ---------------------------------------------- R.P.No.318/2009 in W.A. No.646 of 2007 ---------------------------------------------- O R D E R Dated 26th March, 2010.