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Regina.C.T. vs the Head Master

Regina.C.T. vs The Head Master

Type Court Judgment Court Kerala Decided Feb 01, 2024
~2 min read
https://sooperkanoon.com/case/1318192

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
RP/1322/2023

Parties & Advocates

Appellant / Petitioner

Regina.C.T.

Respondent

The Head Master

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice t.r.ravi thursday, the 1st day of february 2024 / 12th magha, 1945 rp no. 1322 of 2023 against the judgment dated 07.12.2023 in wp(c) 12290/2023 of high court of kerala review petitioner(s)/petitioner: regina.c.t. aged 58 years wife of narendran.k., residing at sriprekash, karumala, kozhikode., pin - 673612 by adv jacob abraham respondent(s)/respondents: 1 the head master s.m.m.a.u.p. school, sivapuram, karumala, kozhikode, pin - 673612 2 the assistant educational officer the office of the assistant educational officer, balussery, kozhikode, pin - 673612 3 special deputy tahsildar (revenue recovery) office of the special deputy tahsildar (revenue recovery), kallai road, kozhikode, pin - 673002 4 kerala state financial enterprises ltd represented by its chairman, bhadratha, museum road, thrissur, pin - 680020 5 panangad co-operative urban society ltd represented by its secretary, branch kinaloor, kozhikode-, pin - 673612 6 balussery co-operative urban bank ltd represented by its manager, balussery p.o., kozhikode, pin - 676312 smt.s.l. sylaja. gp. rp no. 1322 of 2023 2 this review petition having come up for admission on 01.02.2024, the court on the same day delivered the following: rp no. 1322 of 2023 3t.r. ravi, j.r.p.no.1322 of 2023 in w.p(c).no.12290 of 2023 dated this the 1st day of february, 2024orderthe review petition is filed stating that even though the writ petition was allowed, due to observations made in the judgment, the petitioner will not be able to enjoy the benefit of the judgment. it is stated that even if consent is given, that cannot be against the statutory provision, which says that there can be no attachment of the gratuity paid. i find force in the submission. a mistake has crept in the judgment. hence, the judgment dated 07.12.2023, is recalled. the review petition is allowed. sd/- t.r.ravi judge lek

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945 RP NO. 1322 OF 2023 AGAINST THE JUDGMENT DATED 07.12.2023 IN WP(C) 12290/2023 OF HIGH COURT OF KERALA REVIEW PETITIONER(S)/PETITIONER: REGINA.C.T. AGED 58 YEARS WIFE OF NARENDRAN.K., RESIDING AT SRIPREKASH, KARUMALA, KOZHIKODE., PIN - 673612 BY ADV JACOB ABRAHAM RESPONDENT(S)/RESPONDENTS: 1 THE HEAD MASTER S.M.M.A.U.P. SCHOOL, SIVAPURAM, KARUMALA, KOZHIKODE, PIN - 673612 2 THE ASSISTANT EDUCATIONAL OFFICER THE OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, BALUSSERY, KOZHIKODE, PIN - 673612 3 SPECIAL DEPUTY TAHSILDAR (REVENUE RECOVERY) OFFICE OF THE SPECIAL DEPUTY TAHSILDAR (REVENUE RECOVERY), KALLAI ROAD, KOZHIKODE, PIN - 673002 4 KERALA STATE FINANCIAL ENTERPRISES LTD REPRESENTED BY ITS CHAIRMAN, BHADRATHA, MUSEUM ROAD, THRISSUR, PIN - 680020 5 PANANGAD CO-OPERATIVE URBAN SOCIETY LTD REPRESENTED BY ITS SECRETARY, BRANCH KINALOOR, KOZHIKODE-, PIN - 673612 6 BALUSSERY CO-OPERATIVE URBAN BANK LTD REPRESENTED BY ITS MANAGER, BALUSSERY P.O., KOZHIKODE, PIN - 676312 SMT.S.L. SYLAJA. GP. RP NO. 1322 OF 2023 2 THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 01.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RP NO. 1322 OF 2023 3

T.R. RAVI, J.

R.P.No.1322 of 2023 in W.P(C).No.12290 of 2023 Dated this the 1st day of February, 2024

ORDER

The review petition is filed stating that even though the writ petition was allowed, due to observations made in the judgment, the petitioner will not be able to enjoy the benefit of the judgment. It is stated that even if consent is given, that cannot be against the statutory provision, which says that there can be no attachment of the gratuity paid. I find force in the submission. A mistake has crept in the judgment. Hence, the judgment dated 07.12.2023, is recalled. The review petition is allowed. Sd/- T.R.RAVI JUDGE LEK

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