IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 3RD SEPTEMBER 2010 / 12TH BHADRA 1932 RP.No. 759 of 2010(D) --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.27072/2009 Dated 26/07/2010 .................... REVIEW PETITIONER(S): ---------------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF HOME AFFAIRS, NEW DELHI. 2. THE SECRETARY TO GOVERNMENT, MINISTRY OF HOME AFFAIRS, NEW DELHI. 3. THE PRINCIPAL SECRETARY TO GOVERNMENT OF KERALA, GENERAL ADMINISTRATION (FFP.B) DEPARTMENT, THIRUVANANTHAPURAM. BY ADV. MR.P.P.PADMALAYAN, C.G.C RESPONDENT: ------------------- KALLIYANI (KAIPPADATHIL KALLIYANI), W/O.LATE KANDATHIL OTHENAN, MALAPATTAM AMSOM, CHOLIYAD DESOM, MALAPPURAM P.O., SREEKANDAPURAM (VIA), KANNUR DISTRICT. ADV. MR. O.D. SIVADAS THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 03/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S. SIRI JAGAN, J. ----------------------------------- R.P.NO.759 OF 2010 IN W.P.(C) No.27072 OF 2009 ---------------------------------------- Dated this the 3rd day of September, 2010 ORDER This is an application to review of my order dated 26.7.2010 in W.P.(C)Nos.27072/09 and 2710/09 which reads thus: “These writ petitions are filed by widows of freedom fighters seeking pension under the Swatantrata Sainik Samman Pension Scheme. Since there was no appearance on behalf of respondents 1 and 2, I requested the Assistant Solicitor General to appear in this case. On 1-7-2010, I passed the following interim order: “The learned Asst.Solicitor General submits that these two cases have been allotted to two separate Central Government Counsel. Both of them are not present today for arguing the case. For giving them another chance, post next week.” The matter was again posted on 13-7-2010. On that day, I passed the following order: “Despite my order dated 1.7.2010 in both these cases, the Central Government Counsel who have been alloted the cases, have not chosen to appear to argue the cases. As a last chance, post on 26.7.2010.” When the matter was taken up today, today also the Central Government Counsel are not present. In such circumstances, I am not in a position to go on with these cases, which were filed as early as on 24-9-2009. I have no way other than to issue notice to the 2nd respondent to appear in person. Accordingly, the petitioners shall take out notice to the 2nd respondent to appear in person on 16-8-2010. Post on 16-8-2010”. R.P.No.759/10 2 The petitioners in the review petition are particularly aggrieved by the direction to the second petitioner to appear in person. It is obvious that the order came to be passed only because of the laches on the part of the Advocate. Therefore, I am inclined to take a lenient view in the matter. Accordingly, order dated 26.7.2010 is reviewed to the extent of deleting that portion of the order directing the second petitioner in the review petition to appear in person. All other observations would stand. The review petition is disposed of as above. S. SIRI JAGAN, JUDGE acd R.P.No.759/10 3 R.P.No.759/10 4