IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 RP.No. 120 of 2008(P) --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.26607/2006 Dated 28/09/2007 .................... REVIEW PETITIONER(S): REVIEW PETITIONERS/RESPONDENTS 2 TO 4 IN THE WPC. ----------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, P.M.J.JUNCTION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, ERNAKULAM. BY GOVERNMENT PLEADER SRI.T.B.HOOD. RESPONDENT(S): PETITIONERS & RESPONDENTS NO.1 IN WPC. ----------------------------------------------------- 1. ST.PETER'S COLLEGE TRUST, REPRESENTED BY ITS SECRETARY, KOLENCHERRY. 2. SINDHU P.KAUMA, LECTURER, ST.PETER'S COLLEGE, KOLENCHERRY, ERNAKULAM DISTRICT. 3. BEENA PYLEE, LECTURER, ST.PETER'S COLLEGE, KOLENCHERRY, ERNAKULAM DISTRICT. 4. DR.GEETHA K.A., LECTURER, ST.PETER'S COLLEGE, KOLENCHERRY, ERNAKULAM DISTRICT. 5. MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI HILLS P.O., ATHINRAMPUZHA, KOTTAYAM. ADV. SRI.JOHN K.GEORGE FOR R1,3& 4 SRI.K.S.ARUN KUMAR FOR R1,3 & 4 SRI. T.A. SHAJI, SC, M.G.UNIVERSITY FOR R5 THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 31/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH, J. ---------------------------------------------- R.P. No.120/2008 in W.P.(C) No.26607/2006 ---------------------------------------------- Dated 31st July, 2009. O R D E R C.M.Appln. No.50/2008 : Heard. Delay condoned. The review petition is at the instance of respondents 2 to 4 in the writ petition, the State and the Department. The writ petition was filed praying for disbursement of salary with arrears from the date of appointment. By judgment dated 28.9.2007, this court directed the respondent to take action in the light of the judgment of this court in State of Kerala v. Dr.Sina and others (2007(3) I.L.R.122). Learned Government Pleader brings to the notice of this court that on facts, the said decision will not apply. Since this court at the time of disposal of the writ petition has not gone into the merits of the case and since in the light of the facts which are now brought to the notice of this court, a decision on merits is required, this review petition is allowed and the judgment dated 28.9.2007 is recalled. Post the writ petition for hearing as per roster. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- R.P. No.120/2008 in W.P.(C) No.26607/2006 ---------------------------------------------- O R D E R Dated 31st July, 2009.