IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 RP.No. 584 of 2007(C) --------------------- AGAINST THE JUDGEMENT/ORDER IN OP.3595/2001 Dated 07/06/2006 .................... REVIEW PETITIONER(S): REVIEW PETITIONERS/RESPONDENTS 1 TO 5 IN THE OP --------------------------------------------------------------------- 1. THE GOVERNMENT OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE ADDITIONAL DIRECTOR OF PUBLIC INSTRUCTIONS, (ACADEMIC), TRIVANDRUM. 4. THE DEPUTY DIRECTOR OF EDUCATION, ALLEPPEY. 5. THE DISTRICT EDUCATIONAL OFFICER, MAVELIKKARA. BY GOVERNMENT PLEADER SRI.K.SANILKUMAR. RESPONDENT(S): PETITIONER & R6 AND R7,IN THE O.P. ------------------------------------------------- 1. B.ANITHA, U.P.S.A., NAIR SERVICE GIRLS HIGH SCHOOL, MANNAR, ALLEPPEY DISTRICT. 2. THE MANAGER, NAIR SERVICE GIRLS HIGH SCHOOL, MANNAR, ALLEPPEY DISTRICT. 3. THE HEADMASTER, NAIR SERVICE GIRLS HIGH SCHOOL, MANNAR, ALLEPPEY DISTRICT. ADV. SRI.O.V.MANIPRASAD FOR R1 THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 20/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH, J. ---------------------------------------------- R.P. No.584/2007 in O.P.No.3595/2001 ---------------------------------------------- Dated 20th July, 2009. O R D E R This is a review petition at the instance of the State. The writ petitioner approached this court praying for a direction to the educational officers to give the full effect of Ext.P1 Government Order. The issue pertains to the approval of appointment of the writ petitioner with effect from 11.6.1990 to 31.5.1992. This court took note of the fact that the Government had granted the benefit to a similarly situated teacher, as per Ext.P1 Government Order. The petitioner is also covered by the said Government Order. It is seen that the appointment of the petitioner with effect from 11.6.1990 is against a vacancy created by the retirement of one Sukumaran Achari. The Educational Officers have taken a stand that there was no vacancy. But, as rightly stated by the Government in Ext.P5, the Educational Officers cannot refuse to comply with a Government Order on the ground of factual mistakes. If there is a factual error in the Government Order, it is for the Educational Officers concerned to bring the same to the notice of the Government and it is for the RP NO.584/07 2 Government to take appropriate action with regard to the order already passed by them, if they wanted to correct the mistake. In that view of the matter, it is not necessary to review the judgment. It is for the Educational Officers and the Government if so advised, to take appropriate action. Therefore, the review petition is dismissed. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- R.P. No.584/2007 in O.P.No.3595/2001 ---------------------------------------------- O R D E R Dated 20th July, 2009.