IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 20TH JUNE 2011 / 30TH JYAISHTA 1933 RP.No. 355 of 2011() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.34287/2010 Dated 09/12/2010 .................... REVIEW PETITIONER(S): ---------------------- 1. STATE OF KERALA, REP: BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001 2. DIRECTORATE OF HIGHER SECONDARY EDUCATION, REP: BY DIRECTOR, HOUSING BOARD BUILDING, SHANTHI NAGAR, THIRUVANANTHAPURAM-695 001 3. PRINCIPAL, GOVERNMENT HSS, PUTHUPPADI, KOZHIKODE-673 586 BY GOVERNMENT PLEADER SRI.T.K.SAJEEV RESPONDENT(S): --------------- ANUPAMA E.H, HSST(ENGLISH), GOVT.HSS, PUTHUPPADI, KOZHIKODE BY THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 20/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- R.P.No.355 OF 2011 --------------------------------- Dated this the 20th day of June, 2011 ORDER The Review Petition is filed to review the judgment dated 9th December, 2010 in WP(C) No.34287 of 2010. In compliance with the judgment, it is submitted that the Government passed an order dated 6.4.2011 rejecting Ext.P3 application. One of the grounds for review is that Ext.P6 memo was erroneously set aside. That is a ground which can be taken in Appeal and it is not a ground for review. Other grounds are taken in the Review Petition to show that on verification of the service records it was found that no valid entry was made in the service book regarding sanctioning of medical leave for the period from 2.6.2005 to 30.7.2005 and it was not brought to the notice of the court at the time of hearing the Writ Petition. It is also stated that the said leave cannot be clubbed with any other leave. It is also stated that the leave from 2.6.2005 to 30.6.2005 is irregular and against the rules. 2. In the judgment sought to be reviewed, it is stated since the leave for the period from 2.6.2005 to 31.5.2010 was regular in view of Ext.P1 order passed by the Principal and also Ext.P2 order dated R.P.No.355 OF 2011 2 30.6.2005 passed by the Government, there was no justification for rejecting the application for leave without allowance for the period from 1.6.2010 to 31.5.2015 on that ground. It was also held that the application for leave without allowance for the period from 1.6.2010 to 31.5.2015 requires to be considered on the merits. 3. The learned Government Pleader submitted that the Government rejected the application for leave for the aforesaid period as per the order dated 6.4.2011. In these circumstances, no review is required. The statements in the judgment were made to arrive at the conclusion whether Ext.P3 application should be considered afresh. The Government was directed to consider that application afresh on the merits. The Government considered the matter afresh and passed an order. The reason for directing the Government to consider the matter afresh would have no relevance at this stage and therefore, it is not necessary to review the judgment. It is made clear that setting aside of Ext.P6 would not be a bar for initiating fresh proceedings for regularisation of the unauthorised leave; if such regularisation is warranted. The Review Petition is, accordingly, disposed of. K.T.SANKARAN, JUDGE. cms