IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 7TH APRIL 2011 / 17TH CHAITHRA 1933 RP.No. 781 of 2010(S) --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.22574/2009 Dated 11/02/2010 .................... REVIEW PETITIONER(S): RESPONDENT IN THE WPC. ------------------------------------------------------------------------------ K.P.RAMACHANDRAN PILLAI, S/O.(LATE) PARAMESWARAN PILLAI, "KARTHIKA",GRA-C-108,KUNNIL LANE, GANDHIPURAM, SREEKARYAM PO, THIRUVANANTHAPURAM-695 517. BY ADVS. SRI.P.N.SANTHOSH, SMT.K.P.GEETHA MANI. RESPONDENT(S): PETITIONERS IN THE WPC. -------------------------------------------------------------------- 1. UNION OF INDIA REPRESENTED BY THE SECRETARY, DEPARTMENT OF SPACE, GOVERNMENT OF INDIA, ANTHAREEKSHA BHAVAN, NEW B.E.L.ROAD, BANGALORE-560 231. 2. THE CHAIRMAN, INDIAN SPACE RESEARCH ORGANISATION, GOVERNMENT OF INDIA, ANTHAREEKSHA BHAVAN, NEW BEL ROAD, BANGALORE-560 231. 3. THE DIRECTOR, LIQUID PROPULSION SYSTEMS CENTRE, VALIAMALA PO,THIRUVANANTHAPURAM-695 547. BY ADV. SRI. S. KRISHNAMOORTHY, CGC THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 07/04/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN & S.S.SATHEESACHANDRAN, JJ. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ R.P. No. 781 of 2010 in W.P.(C) No.22574 of 2009 S ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 7th day of April, 2011 O R D E R ~ ~ ~ ~ ~ ~ Thottathil B. Radhakrishnan, J. This application for review of judgment dated 11.02.2010 is on the premise that this Court had acted erroneously in appreciating the law laid down by the Apex Court in Union of India and another Vs. S.L.Verma and others [(2006) 12 SCC 53] in the context of contrasting the effect of OM dated 01.05.1987 issued by the Government of India, through the Ministry of Personnel and Training, Administrative Reforms and Public Grievances and Pension (Department of Pension and Pensioners' Welfare), with OM dated 21.10.1987 issued by the Government of India, Department of Space. RP No.781/2010 : 2 : 2. The consideration in S.L.Verma(Supra) revolved around the finality of OM dated 01.05.1987 and the effect of the cut off date fixed as per that OM. It was found that Regulation 16 of Bureau of Indian Standards (Terms and Conditions of Service of Employees) Regulations, 1988, would operate only the subject to the aforesaid OM dated 01.05.1987. However, in the case in hand, the OM dated 21.10.1987, issued by the Department of Space, is one issued specifically stating that the matter has been considered in consultation with the Department of Pension and Pensioners' Welfare, which was not the case in S.L.Verma(Supra). Having regard to the consultation, which is explicit on the face of the Department of Space's OM dated 21.10.1987, we do not find any ground to hold that OM dated 01.05.1987 issued through the Ministry of Personnel and Training, Administrative Reforms and Public Grievances and Pension would override and operate independently. We have necessarily to take it that, in so far as the RP No.781/2010 : 3 : Department of Space is concerned, the cut off date was postponed to 31.12.1987 as regards the operation of OM dated 01.05.1987 issued through the Ministry of Personnel and Training, Administrative Reforms and Public Grievances and Pension is concerned. Admittedly, the petitioner had exercised option before 31.12.1987. We do not, therefore, find any ground to hold that there is any error apparent on the face of the judgment sought to be reviewed. In the result, the Review Petition fails and it is accordingly dismissed. No costs. Sd/- (THOTTATHIL B. RADHAKRISHNAN, JUDGE) Sd/- (S.S.SATHEESACHANDRAN, JUDGE) aks/08.04 // True Copy // P.A. To Judge