IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933 RP.No. 862 of 2011 ---------------------- AGAINST THE JUDGEMENT IN WPC.3612/2009 Dated 20/08/2011 .................... REVIEW PETITIONER/ PETITIONER: --------------------------------------- SHAKEER C.K., S/O. LATE KASIM, AGED 37 YEARS, THAZHATHU HOUSE, ARAKUZHA ROAD, P.O. MUVATTUPUZHA (H.S. ASSISTANT). BY ADV. SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENTS/RESPONDENTS: ----------------------------------- 1. THE STATE OF KERALA, REP. BY ITS SECRETARY TO GOVT., GENERAL EDUCATION (R) DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAMAT KAKKANAD - 682 030. 3. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, ERNAKULAM - 682 030. BY SRI. M.A. FAYAZ, SR. GOVERNMENT PLEADER FOR R1 & R2. SRI. P.C. SASIDHARAN, SC FOR R3. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 03/12/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.P.No.862/2011 A P P E N D I X ANNEXURES: ANNEXURE I : COPY OF ADVICE OF REVIEW PETITIONER DTD. 8.11.01. ANNEXURE II: COPY OF ORDER No.A1-9597/01 OF DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM DTD. 28.11.01. ANNEXURE III: COPY OF PROCEEDINGS ORDER No.A1-10823/01 OF ADDITIONAL TAHSILDAR IN CHARGE DTD. 6.12.01. ANNEXURE IV: COPY OF RE-ADVICE OF PETITIONER DTD. 28.2.04. ANNEXURE V: COPY OF ORDER No.A1-9597/01 OF DEPUTY DIRECTOR DTD. 4.6.04. CERTIFIED COPY OF JUDGMENT IN WP(C) 3612/09-E DTD. 20.8.11. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- Review Petition No.862 OF 2011 IN W.P.(C) No.3612 OF 2009 --------------------------------------- Dated this the 3rd day of December, 2011. O R D E R This review petition is filed at the instance of the writ petitioner. In the writ petition, the challenge was against the order Ext.P4. The petitioner was initially advised for appointment on 08.11.2001 and he was appointed by order dated 28.11.2001. The Kerala Public Service Commission later issued a show cause notice proposing to cancel the advice because of certain mistakes with regard to the rotation. This was challenged in a writ petition by the petitioner in the matter which led to filing of Writ Appeal No.2111/2002. He was continuing based on interim orders. 2. After recording the submission that the turn of the petitioner has actually arisen and based on which he could be issued a fresh advice for appointment, the said Writ Appeal was disposed of with a direction to the 3rd respondent therein to re-advice the petitioner on his turn as per the ranked list and in R.P.No.862/2011 2 accordance with the Rules relating to communal rotation. The later appointment is effective from 04.06.2004. The order Ext.P4 produced in the writ petition herein rejected his prayer for grant of seniority and other benefits. The salary and allowances received during the period of continuance based on the interim order was exempted from payment. 3. Herein, in the review petition, it is pointed out that the petitioner is entitled to claim weightage and pensionary benefits based on his former service as a Last Grade Employee from 07.12.2001 to 04.06.2004 in the Revenue Department. Evidently, that is not a prayer sought for in the writ petition. In that view of the matter, as there is no apparent error in the judgment, this review petition is dismissed. T.R. RAMACHANDRAN NAIR JUDGE smp