IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE C.T. RAVIKUMAR MONDAY, THE 18TH OCTOBER 2010 / 26TH ASWINA 1932 RP.No. 1027 of 2009(E) ---------------------- AGAINST THE JUDGEMENT IN WPC.17283/2009 Dated 10/08/2009 .................... REVIEW PETITIONERS/RESPONDENTS 2 & 3: ------------------------------------ 1. K S E B REPREENTED BY ITS SECRETARY VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINNER (HRM) KSEB, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. BY ADV. SRI.K.S.ANIL, SC, KSEB RESPONDENT(S) PETITIONERS 1 TO 3 & R1: ------------------------------------ 1. K.V.ANTONY, CASHIER, K S E BOARD, ELECTRICAL SECTION, PUTHUKKAD, THRISSUR DISTRICT. 2. T.A.RADHA, FULL TIME SWEEPER, ELECTRICAL MAJOR SECTION, KSE BOARD, MANNUTHY, TRICHUR DISTRICT. 3. VARKEY.K. SPECIAL GRADE DRIVER, K S E BOARD, KARIMANAL, IDUKKI DISTRICT. 4. STATE OF K ERALA REPRESENTED BY THE PRINCIPAL SECRETARY, FINANCE (RULES) DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. GOVT.PLEADER SMT.T.B.REMANI. DR.K.P.SATHEESAN - R2. THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 18/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. Basheer & C.T. Ravikumar, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - RP.No. 1027 of 2009 in WPC.No. 17283 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of October, 2010 Order Basheer, J: Smt.T.A.Radha, respondent No.2 in this Review Petition, was serving as a Fulltime Sweeper in the Kerala State Electricity Board. She was due to retire on June 30, 2009 on attaining the age of superannuation. The Govt. of Kerala issued an order on April 24, 2009 (GO(P).No.154/2009/Fin.) directing that all Govt. employees and teachers who attain the age of 55 years during the course of the financial year could continue in service till the end of that financial year. 2. The benefit of the above order was extended to the employees of the Board also till September 2009, in view of the interim orders issued by this Court in certain cases. But in September 2009 the Govt. clarified that the benefit of the above Govt. order would not accrue to the employees of the Board. 3. Smt.Radha who was a Fulltime Sweeper was entitled to continue in service till the age of 60. Under RP.1027/09 : 2 : normal circumstances she ought to have superannuated on 30th June 2009. But this fact was not brought to the notice of this Court and she also got the benefit of the Govt. order referred to above and continued in service till September 2009. 4. The prayer in the Review Petition is that the judgment in WP.No.17283/2009 be reviewed and applicability of the above Government Order be clarified. In other words, the prayer is to permit the Board to recover the salary drawn by Smt.Radha for 3 months from July 1, 2009. 5. Undoubtedly the Government Order referred to above will have no application in the case of respondent No.2. But having regard to the peculiar facts and circumstances of the case and keeping in view the fact that Smt.Radha was only a Fulltime Sweeper in the Board, we decline the prayer for recovery of salary from respondent No.1. Review Petition is closed. A.K. Basheer Judge. C.T. Ravikumar Judge. an.