IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 RP.No. 315 of 2000(J) ------------------------------- AGAINST THE JUDGEMENT/ORDER IN OP.96/1999 Dated 26/05/2000 .................... REVIEW PETITIONER/ PETITIONER IN OP : ------------------------------ G.SAJIKUMAR, CONSTABLE B.S.F. (RETIRED), MANCHERIYIL HOUSE, THEKKEVILA PO. KOLLAM DISTRICT. BY ADV. SRI.M.V.THAMBAN RESPONDENTS/ RESPONDENTS IN OP. ---------------------- 1. THE UNION OF INDIA REP.BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, CENTRAL SECRETARIATE, NEW DELHI. 2. THE DIRECTOR GENERAL BORDER SECURITY FORCE, LODHI ROAD, NEW DELHI. 3. THE SENIOR ACCOUNTANT OFFICER, P.A.D. B.S.F. MADHANGIR, NEW DELHI. 4. THE COMMANDANT, 25 BN, B.S.F., CHAWLA CAMP NEW DELHI -72. BY ADV. SRI.K.M.JANARDHANAN,ACGSC THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 15/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.GIRI,J. ------------------------- R.P No. 315 of 2000 in O.P. No.96 of 1999 -------------------------- Dated this the 15th February, 2008 O R D E R The writ petition was dismissed as infructuous apparently recording the submission made by the learned counsel for the petitioner that the original petition has become infructuous. It is now contended that the said submission was actually made by the counsel for the respondents. I have gone through the memo and I have heard the learned counsel for the review petitioner, Sri.M.V.Thamban. I do not find any reason not to accept the stand of the review petitioner and the submission made by the learned counsel that the writ petition has not become infructuous. Mr.Thamban, further submits that the petitioner has been reinstated in service and the claim presently urged is one for salary in relation to the period during which he was kept out of service. In my view, it is appropriate for the petitioner to institute a separate proceedings in relation to the said claim. Subject to this clarification, the review petition is closed. (V.GIRI, JUDGE) ma K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER 25th May, 2007