IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 21ST OCTOBER 2010 / 29TH ASWINA 1932 RP.No. 835 of 2007() ------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.25497/2003 Dated 08/12/2006 .................. REVIEW PETITIONERS / RESPONDENTS : ---------------------------------------------------------- 1. STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HEALTH DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, AYURVEDA MEDICAL EDUCATION, AROGYA BHAVAN, THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT, GOVERNMENT AYURVEDA COLLEGE HOSPITAL, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. ANTONY MUKKATH RESPONDENTS / PETITIONERS : --------------------------------------------- 1. R.MANOJ, S/O.RAMACHANDRAN NAIR, ELECTRICIAN, GOVT.AYURVEDA COLLEGE HOSPITAL, TRIVANDRUM, VINAYAKA ADARSH NAGAR, HOUSE NO.PATTOM P.O., PATTAKKUZHI, THIRUVANANTHAPURAM. 2. T.V.SHAJI MOHAN, S/O.V.TITUS, ELECTRICIAN, GOVT.AYURVEDA COLLEGE HOSPITAL, TRIVANDRUM, KUNNAYILA VEEDU, KUNNAPPUZHA, ARAMADA P.O., THIRUVANANTHAPURAM. 3. DIXON SIMON, S/O.M.S.SIMON, PLUMBER, GOVT.AYURVEDA COLLEGE HOSPITAL, TRIVANDRUM, MADATHUILA HOUSE, VIZHAYOOR, MALAYAM, MALAYINKEEZHU P.O., THIRUVANANTHAPURAM. BY ADV. SRI. P. PUSHAPARAJAN THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 21/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn S.SIRI JAGAN, J. --------------------------------------------- R.P.No.835 OF 2007 IN W.P.(C) NO.25497 OF 2003 -------------------------------------------- Dated this the 21st day of October, 2010. O R D E R The state has filed this review petition seeking review of the judgment of this Court dated 8.12.2006 in W.P.(C). No.25497 of 2003. The judgment reads thus:- “The writ petition is filed mainly with the following prayer:- “issue a writ of mandamus or any other appropriate writ order or direction prohibiting respondents from making any appointment of Electrician and Plumber through Employment Exchange by terminating the service of the petitioners” In case the appointment is through the Employment Exchange, the petitioners are entitled to the benefit of Ext.P4 judgment in W.A.96/2000 and connected cases. There is no counter affidavit. Petitioners may file an appropriate representation, producing a copy of Ext.P4 judgment before the first respondent, in which case, appropriate action in the light of Ext.P4 judgment and the observations contained in this judgment shall be taken in the matter, within another three months. The writ petition is disposed of as above.” 2. The contention of the state is that the petitioners are temporarily appointed daily wage employees of the Hospital Development Committee, whereas the appellant in Writ Appeal No.96 of 2000 is a Hospital attendant employed through Employment Exchange. Therefore according the State the case of R.P.No.835 OF 2007 IN W.P.(C) NO.25497 OF 2003 2 the petitioners in the writ petition is not on par with that of the appellant in Writ Appeal No.96 of 2000. Therefore the judgment in Writ Appeal No.96 of 2000 cannot be applied to the petitioners in the writ petition is the contention raised. The State would submit that in view of the fact that no counter affidavit has been filed, this fact could not be brought to the notice of the Court at the time of passing the judgment. Notice in the review petition was served on the respondents. They have not cared to contest the matter. On a reading of the judgment and the review petition and after hearing the learned Government Pleader, I am satisfied that there is an error apparent on the face of the record, which requires to be corrected properly. Accordingly the judgment dated 8.12.2006 in the writ petition is recalled and the writ petition is restored to file. S.SIRI JAGAN, JUDGE. mns