SARITHA V Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a review petition filed by the appellant in W.A.No.219 of 2016. The said appeal was filed by the petitioner against the judgment in W.P.(C) No.1339 of 2009, whereby the learned single Judge had upheld the orders recognizing the claim raised by the 6th respondent in the writ petition under Rule 51A of the Kerala Education Rules. This judgment was upheld by this Court and the writ appeal was dismissed.

(2.) In this review petition, learned counsel for the petitioner mainly relies on the apex Court judgment in Manager, VKNM Vocational Higher Secondary School v. State of Kerala and others, (2016) 1 Kerala Law Times 489 and contends that the 6th respondent had service of less than one academic year during 2002 and that, therefore, having regard to the amendment introduced to Rule 51A of the Kerala Education Rules with effect from 24.07.2005, she did not qualify for the benefit.

(3.) We heard the learned counsel for the petitioner and the learned counsel appearing for the contesting respondents. Learned Government Pleader is also heard. Admittedly, the judgment relied on by the petitioner, which prima facie</i> supports her case, was not brought to the notice of this Court earlier. According to us, since the principles laid down in the judgment of the Apex Court are relevant for the determination of disputes raised in the appeal, the matter requires to be reconsidered. In that view of the matter, we allow the review petition and recall the judgment dated 002.2016 dismissing the writ appeal.