National Centre For Disease Control v. Prof. P.Krishnankutty
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 10TH DAY OF DECEMBER 2015/19TH AGRAHAYANA, 1937 RP.No. 227 of 2014 (C) IN WP(C).26464/2009 -------------------------------------------- AGAINST THE ORDER/JUDGMENT IN WP(C) 26464/2009 of HIGH COURT OF KERALA DATED 05-12-2013 REVIEW PETITIONERS/RESPONDENTS 1 & 2:
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1. NATIONAL CENTRE FOR DISEASE CONTROL 22, SHAMNATH MARG, DELHI - 110 054 REPRESENTED BY ITS DIRECTOR.
2. JOINT DIRECTOR AND HEAD, NATIONAL CENTRE FOR DISEASE CONTROL, KARAPARAMBA KOZHIKODE, (NOW AT 3RD FLOOR, KENDRIYA BHAVAN M.S. BABURAJ ROAD, KALLAI P.O., KOZHIKODE - 673 003) BY ADVS.SRI.P.PARAMESWARAN NAIR, ASG OF INDIA SRI.N.NAGARESH, ASG OF INDIA RESPONDENTS/PETITIONER & RESPONDENTS 3 & 4:
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1. PROF. P.KRISHNANKUTTY RETIRED PRINCIPAL, M.P.M.M.S.N.T COLLEGE, SHORANUR RESIDING AT PADINJAROOTE HOUSE, CHIYYARAM THRISSUR DISTRICT, PIN: 680 026.
2. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM, PIN: 695 001.
3. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY (FINANCE) GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM PIN: 695 001.
BY GOVERNMENT PLEADER SMT. A LOWSY BY ADV. SRI.P.RAMAKRISHNAN THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 10-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K. VINOD CHANDRAN, J.
----------------------------------- R.P. No.227 of 2014-C In W.P.(C) No.26464 of 2009-C ----------------------------------- Dated this the 10th of December, 2015.
O R D E R
The review petitioner is the Central Government, who specifically challenge the directions in the judgment, by which the 2nd respondent was directed to re-fix the pensionary benefits payable to the petitioner, extending the benefit of Ext.P3 G.O. Ext.P3 G.O. is of the State Government and does not in any manner regulate the 2nd respondent.
It is also submitted by the learned Assistant Solicitor General of India, appearing for the Central Government, that the service rendered by the petitioner under the 2nd respondent was not pensionable, as has been specifically noticed in the judgment.
R.P. No.227 of 2014-C In W.P.(C) No.26464 of 2009-C In such circumstance, the review petition is allowed. The judgment is recalled and the matter shall be posted for hearing.
Sd/- K. VINOD CHANDRAN, JUDGE.
//True Copy// P.A. to Judge.
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