IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 RP.No. 258 of 2003 --------------------- AGAINST THE JUDGEMENT IN OP.6799/2003 Dated 27/02/2003 .................... REVIEW PETITIONER(S): RESPONDENTS: ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REGISTRATION DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. INSPECTOR GENERAL OF REGISTRATION, KERALA, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.R.BINDU RESPONDENT(: PETITIONER: -------------------------- V.B.BALAN, S/O. BHAVAN, AGED 54 YEARS, VALIAPARAMBIL POYYA KAVA, PALLIPPURAM VILLAGE, KODUNGALLUR TALUK, THRISSUR DISTRICT. ADV. SRI.P.L.DEVADAS SRI.LIFFY FRANCIS THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 13/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. BALAKRISHNAN NAIR, J ------------------------------ R.P. NO.258/2003 IN O.P. NO.6799/2003-H ------------------------------ Dated this, the 13th day of November, 2009 Order The petitioner in the Original Petition, the respondent herein, was included in Ext.P1 D.P.C list. On the eve of his retirement, he approached this Court, seeking a direction to the Government to consider his claim for promotion. According to him, there were several vacancies and his turn has arisen. This Court said that unless there is a conscious decision by the Government not to order promotions and a corresponding Government order is also issued, persons like the respondent included in the D.P.C list are entitled to get promotion. Based on that finding, it was ordered to consider the claim of the respondent and promote him, if there is no other legal bar. This order was passed in 2003. Soon thereafter, the respondent retired and six years are over. The Review Petition is filed on the ground that the Division Bench decision, based on which RP No.258/2003 - 2 - Ext.P1 D.P.C list was prepared, is under challenge before the Apex Court. It is the admitted position that there is no interim stay granted by the Hon'ble Supreme Court. Therefore, no ground is made out for reviewing the judgment. Accordingly, the Review Petition is dismissed. K. Balakrishnan Nair, Judge. nm.