IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 RP.No. 665 of 2009(R) --------------------- AGAINST THE JUDGEMENT IN OP.16111/1999 Dated 21/05/2009 .................... REVIEW PETITIONER(S): 3RD RESPONDENT IN OP ------------------------------------------ MANAGER,SREE NARAYANA TEACHERS' TRAINING INSTITUTE,NEELESWAR,PATTANAKKAD.P.O,KASARAGOD DISTRICT. BY ADV. SRI.MILLU DANDAPANI RESPONDENT(S): PETITIONER-RESPONDENTS 1,2 AND 4 IN O.P. ------------------------------------------------------- 1. SHRI.SASI.P,TEACHER-IN-CHARGE OF HEADMASTER SREE NARAYANA TEACHERS'TRAINING INSTITUTE, NEELESWAR,PATTANAKKAD.P.O,KASARAGOD DISTRICT. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER, KANHANGAD. 4. SHRI.K.RAVINDRAN,P.V.HOUSE, NEAR PAYANGADI RAILWAY STATION,PAYANGADI, KANNUR DISTRICT. ADV. SRI.ELVIN PETER P.J. SRI. E.K. NANDAKUMAR GOVT. PLEADER SRI. DILIP MOHAN. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 03/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= R.P. No. 665 of 2009 in O.P. No. 16111 of 1999 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 3rd August, 2009. O R D E R This review petition is filed by the 4th respondent in O.P.No. 16111 of 1999 seeking review of my judgment dated 21-5-2009 in that original petition. Review is sought on the ground that certain facts, which may have crucially affected my decision in the matter could not be brought to the attention of this Court by oversight. Learned counsel for the petitioner in the review petition also points out that the petitioner in the original petition also has not brought this fact to the attention of this Court although he ought to have. I am of opinion that I cannot, in law, entertain this review petition because of some subsequent events after my judgment. 2. My judgment was taken in appeal both by the 3rd and 4th respondents in the original petition by filing W.A.Nos. 1315 of 2009 and 1320 of 2009. It came up before the Division Bench on the same day. In W.A.No. 1315 of 2009 filed by the 3rd respondent in the original petition, the Division Bench held as follows: 4. Learned counsel for the appellant, though raised various contentions, finally confined his grievance to that arising out of the above direction. He pointed out that had the appellant continued at Karimbil High School, he would have been promoted as Headmaster on 1.4.2001. He further contended that the immediate junior of the appellant was promoted to that post on the said date. Therefore, it is contended that the terminal benefits of the appellant should be computed and released to him treating that he had retired from the post of Headmaster in his parent school. On this point, we heard the learned senior Government Pleader, Sri. Benny Gervasis. He submitted that in the absence of instructions, it may not be possible for him to say the date on which the appellant's turn arose for being promoted as Headmaster. At any rate, he is not entitled to draw arrears of salary as Headmaster as he has already received salary in the post of Principal and further another person might have been paid salary in the post of Headmaster of Karimbil High School. R.P.665/2009. -: 2 :- 5. Having regard to the facts of the case, we are of the view that the appellant is entitled to have his terminal benefits computed in the scale of pay of Headmaster, provided his turn in the parent school for promotion as Headmaster arose before his retirement. Accordingly, the direction of the learned Single Judge to compute the terminal benefits of the appellant as if he retired from service as High School Assistant is modified. The second respondent - Director of Public Instruction, shall look into the claim of the appellant that he would have retired from service as Headmaster had he been in his parent school. If the said claim is found to be correct, the appellant shall be treated as having continued in the post of Headmaster in his parent school from the date on which his turn arose and retired from that post on the date he retired from service from the 4th respondent's school and he shall be paid terminal benefits, treating that he has notionally continued in the post of Headmaster from the date his turn arose to the date he retired from service. The additional terminal benefits, to the extent found eligible, shall be disbursed to the appellant by respondents 2 and 3 within four months from the date of production of a copy of this judgment. From the same, it is clear that the Division Bench had modified my judgment, by granting more benefits to the 3rd respondent in the writ petition than what was granted to him as per the judgment now sought to be reviewed. But, in a separate judgment in W.A.No. 1320 of 2009 filed by the petitioner in the review petition, the Division Bench passed the following judgment: “The Writ Appeal is dismissed as withdrawn without prejudice to the contentions of the appellant and his rights, if any, to move the learned Single Judge in review. The judgment in W.A.No. 1315 of 2009 will not affect the contentions of the appellant in his Review Petition.” 3. If I am to entertain this review petition and allow the same, certainly, I will have to recall my judgment dated 21-5-2009, which would have the effect of reviewing the judgment of the Division Bench in W.A.No. 1315 of 2009 also, because I will have to pass a R.P.665/2009. -: 3 :- fresh judgment after reviewing my judgment, in which event the direction in the Division Bench decision in favour of the 3rd respondent would become meaningless. In view of the above facts, notwithstanding the observation in the judgment in W.A.No. 1320 of 2009, I am of opinion that insofar as my judgment has merged with the judgment in W.A.No. 1315/2009, I cannot review my judgment dated 21-5-2009, even if sufficient grounds are made out for reviewing my judgment. Accordingly, the review petition is dismissed as not maintainable. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.