IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 RP.No. 541 of 2006() -------------------- AGAINST THE JUDGEMENT/ORDER IN WA.2206/2005 .................... REVIEW PETITIONERS/RESPONDENTS IN THE W.A: ----------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.NOBLE MATHEW RESPONDENTS: RESPONDENT IN THE W.A: ----------------------------------- KUNJUMON V.VARGHESE, S/O.V.K.VARGHESE, VIALYIL VILLA, CHENNERKARA P.O.,KOZHENCHERRY, PAHANAMTHITTA (REP. BY THE POWER OF ATTORNEY HOLDER, ALEXANDER KOSHY, THOMAKKAL HOUSE, CHENNERKKARA VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA. BY ADV. SRI.S.SUBHASH CHAND THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 10/07/2008, ALONG WITH R.P.NO.558/2006 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH & A.K.BASHEER, JJ. ----------------------------------------- R.P.No.541 of 2006 in W.A.No.2206 of 2005 & R.P.No.558 of 2006 in W.A.No.1931 of 2005 ----------------------------------------- Dated this the 10th day of July, 2008 O R D E R Kurian Joseph,J. These review petitions are filed by the State praying for a review of the judgment dated 30-11-2005. This court directed the Government to implement the directions in the judgment under appeal within a period of two months. The directions in the judgment under appeal is contained at paragraph 5 of the judgment of the learned single Judge, which reads as follows:- “5. Accordingly I set aside Ext.P15 in O.P.25777/1999 and Ext.P16 in O.P.16082/1999. The Government will reconsider the cases of the petitioners in so far it relates to those spells to which G.O.(P) No.274/70/Fin. dt. 29-4-1970 applies, by reason of the Note to Rule 10 of Appendix XII-A of K.S.R. in accordance with the law laid down by this Court by treating that the petitioners are entitled to count the leave period availed by them for all service benefits except pension and other service benefits expressly excluded under the K.S.R. Consequential orders shall follow from the Government within a period of two months from the date of receipt of a certified copy of this judgment. Needless to say, the petitioner in each case will be afforded an opportunity of being heard before any decision is taken except, of course, in case where the Government decides to order in their favour even without hearing them.” The learned Government Pleader submits that the learned single R.P.Nos.541 & 558/2006 -:2:- Judge had only directed the Government to decide the case of the writ petitioner in the light of the law laid down by this court. The law laid down by this court is the decision referred to in our judgment, ie. K.S.R.T.C. Vs. Noorudeenkutty, reported in 2005 (3) KLT 504. Necessarily the Government will have to take a decision in the light of the above decision. We have only directed the Government to implement the direction contained in the judgment. Therefore, the apprehension of the State that there is a positive direction by the Division Bench notwithstanding the scope of the judgment of the learned single Judge is without any basis. Therefore, no orders are necessary in these review petitions. The review petitions are hence closed. (KURIAN JOSEPH, JUDGE) (A.K.BASHEER, JUDGE) ahg. KURIAN JOSEPH & A.K.BASHEER, JJ. --------------------------- R.P.No.541 of 2006 in W.A.No.2206 of 2005 & R.P.No.558 of 2006 in W.A.No.1931 of 2005 ---------------------------- O R D E R 10th July, 2008