IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 8TH SEPTEMBER 2009 / 17TH BHADRA 1931 RP.No. 741 of 2009() -------------------- (Against WP(c).No.168/07 dated 24.10.2008) REVIEW PETITIONER(S): PETITIONER -------------------------------- M.A.SANTHAKUMARI, UPPER PRIMARY SCHOOL ASSISTANT(RETIRED) HAMADANIYA UP.SCHOOL, PO,AZHIKODE-680 666 KODUNGALLUR(RESIDING AT KONETHAZHATH HOUSE, EDAVANAKKAD, ERNAKULAM-682 504. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): RESPONDENTS -------------------------- 1. THE STATE OF KERALA REP.BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, AYYANTHOLE, THRISSUR. 3. THE ASSISTANT EDUCATIONAL OFFICER, KODUNGALLUR, THRISSUR DIST. BY GOVT. PLEADER SMT. SMITHA THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 08/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- R.P.No.741/09 in W.P.(C).No.168/2007 ------------------------ Dated this the 8th day of September, 2009. O R D E R The writ petition was dismissed by judgment dated 24.10.2008. Subsequently, though a writ appeal was filed as W.A. No.175/09, that was withdrawn with liberty to file a review petition and accordingly this review petition is filed. 2. When the review petition was taken up for hearing, counsel for the review petitioner argued that, in view of the provisions contained in part III Rule-3 KSR, recovery effected beyond 3 years of retirement was erroneous. However, a reading of the grounds in the review petition shows that no such contention has been raised. Counsel then refers to ground `D' of the review petition to contend that, forceful recovery is erroneous. A reading of the judgment shows that, this contention was urged in the writ petition and that was negatived. In view of this, I do not find any ground to exercise the power of review in this review petition. Review Petition fails and is dismissed. (ANTONY DOMINIC) JUDGE vi/