IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 6TH AUGUST 2010 / 15TH SRAVANA 1932 RP.No. 663 of 2010(R) --------------------- AGAINST THE JUDGEMENT IN WPC.13810/2008 Dated 18/12/2008 .................... REVIEW PETITIONER: PETITIONER -------------------------------- V.N.RAGHAVAN, MAJESH BHAVAN, M.L.A.ROAD, UDAYAMPEROOR, VIA TRIPUNITHURA, KOCHI-682 307. BY ADV. SMT.CHINCY GOPAKUMAR RESPONDENTS: --------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHUTHI BHAVAN, THIRUVANANTHAPURAM -1. 2. THE CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD, VYDHUTHI BHAVAN, THIRUVANANTHAPURAM -1. 3. THE DEPUTY CHIEF ENGINEER, ELECTRICAL CIRCLE, MANJERI - 676 121. 4. THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION, PERINTHALMANNA - 676 541. 5. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVT.SECRETARIAT, THIRUVANANTHAPURAM -1. S.C. SRI. ASHOK M. CHERIYAN. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 06/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.N. RAVINDRAN, J. = = = = = = = = = = = R.P. NO. 663 OF 2010 IN WP(C) 13810 OF 2008 = = = = = = = = = = = = DATED THIS, THE 6TH DAY OF AUGUST, 2010. O R D E R This is an application seeking a review of the judgment delivered by me on 18.12.2008, in W.P.(C) 13810 of 2008, by deleting the last sentence of the judgment. 2. The fact that the petitioner was convicted and sentenced to undergo rigorous imprisonment for two years and to pay fine, is not in dispute. The judgment of conviction and sentence has not been executed in view of the pendency of the Criminal Appeal No. 812 of 2007 in this Court. Though by the judgment sought to be reviewed, I had quashed the order removing the petitioner from service on the ground that the said order was passed after he attained the age of superannuation, I held that entitlement of the petitioner for pensionery benefits as per rules will depend upon the outcome of Criminal Appeal No. 812 of 2007. The petitioner seeks review of the judgment on the ground that such an observation will stand in the way of the petitioner from claiming pension. The said observation was made in the light of Rule 2 Part III of the Kerala Service Rules, which empowers the Government to with-hold or withdraw the pension or part thereof whether permanently or for a specified period, if the RP 663/2010 2 pensioner is convicted of a serious crime or is found guilty of grave misconduct. In such circumstances, I find no grounds to entertain this review petition. The review petition fails and is dismissed. P.N. RAVINDRAN, (JUDGE) knc/-