PREMARAJ .M.A Vs. UNION OF INDIA

JUDGEMENT

(1.) This review petition is one filed under Order XLVII Rule 1 of the Code of Civil Procedure, 1908, seeking a review of the judgment of a Division Bench of this Court dtd. 23/3/2023 in W.A.No.545 of 2023, in which one among us [Basant Balaji, J.] was a party. That Writ Appeal arises out of a common judgment dtd. 27/9/2022 of the learned Single Judge in W.P.(C)No.2607 of 2022 and connected matters, i.e., W.P.(C)Nos.561 of 2019, 944 of 2019, 10407 of 2019, 23172 of 2021, 24753 of 2021, 28865 of 2021 and 6437 of 2022. Those writ petitions were filed seeking a declaration that the petitioners, who are retired employees of the Kerala Financial Corporation, which is a non-banking institution incorporated under Sec. 3 of the State Financial Corporations Act, 1951, are entitled to get a statutory pension at par with State Government Servants. The petitioners have also sought for other consequential reliefs. Those writ petitions ended in dismissal by a common judgment dtd. 27/9/2022 of the learned Single Judge. That judgment was sought to be reviewed by filing R.P.No.1027 of 2022, which was one filed by petitioners 1 to 3 herein. That review petition along with R.P.No.1028 of 2022 in W.P.(C)No.28865 of 2021, R.P.No.1029 of 2022 in W.P.(C)No.24753 of 2021 and R.P.No.1049 of 2022 in W.P.(C)No.10407 of 2019 ended in dismissal by a common order dtd. 23/1/2023.

(2.) The judgment of the learned Single Judge dtd. 27/9/2022 dismissing W.P.(C)No.2607 of 2022 and the order dtd. 23/1/2023 dismissing R.P.No.1027 of 2022 were under challenge before the Division Bench in W.A.No.545 of 2023 filed by the petitioners herein. That writ appeal ended in dismissal by the judgment dtd. 23/3/2023, holding that for reasons recorded in the judgment, the learned Single Judge rightly rejected the prayers in the writ petition. Therefore, the Division Bench confirmed the judgment of the learned Single Judge in W.P.(C)No.2607 of 2022.

(3.) In this review petition, it is pointed out that, at the time of dismissal of W.A.No.545 of 2023 by the judgment dtd. 23/3/2023, W.A.No.1 of 2023 filed on 22/2/2022, W.A.No.84 of 2023 filed on 11/1/2023, W.A.No.194 of 2023 filed on 28/1/2023, W.A.No.384 of 2023 filed on 14/2/2023 and W.A.No.571 of 2023 filed on 15/2/2023 against the common judgment dtd. 27/9/2022 of the learned Single Judge, whereby the connected writ petitions were dismissed for the very same reason, were pending before this Court. Though W.A.Nos.1 of 2023, 84 of 2023 and 194 of 2023 were not admitted on file, W.A.Nos.384 of 2023 and 571 of 2023 were already admitted. It is also pointed out in this review petition that though the order dtd. 23/1/2023 of the learned Single Judge in R.P.No.1027 of 2022 in W.P.(C)No.2607 of 2022 was also under challenge in W.A.No.545 of 2023, the Division Bench omitted to consider the challenge made in the writ appeal against that order, while dismissing W.A.No.545 of 2023 by the judgment dtd. 23/3/2023, which is sought to be reviewed in this review petition.