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2025 Supreme(Online)(KER) 7507

HIGH COURT OF KERALA
ANIL K. NARENDRAN, MURALEE KRISHNA S., JJ
SUJATHA ANIYERI – Appellant
Versus
Kannur University – Respondent
WA 1818/2024



Advocates:
P.C.SASIDHARAN, I.V PRAMOD, VINITHA.B

Review jurisdiction is limited to errors apparent on the record; it cannot be used to reargue settled issues or mitigate delays without sufficient grounds.

Headnote:(A) Kerala High Court Act, 1958 - Section 5(i) - Code of Civil Procedure, 1908 - Order XLVII Rule 1 - Review of judgment - Writ appeals filed by retired employees challenging the review orders vacating interest on retiral benefits - Court found no error apparent in the original judgment directing payment of interest - The review was allowed based on mitigating factors, which was deemed inappropriate. (Paras 1, 4, 10, 22)

(B) Review Jurisdiction - The power of review is limited to errors apparent on the face of the record and cannot be used to reargue settled issues - The court emphasized that the remedy for an erroneous judgment is an appeal, not a review. (Paras 6, 10, 22)

Facts of the case:
The appellants, retired employees of a university, sought full terminal benefits and interest on delayed payments. The university contested the payment due to audit objections regarding their promotions. The learned Single Judge initially directed payment with interest, which was later reviewed and vacated.

Findings of Court:
The court found that the review orders lacked a basis as there was no error in the original judgment, and the university's financial crisis did not justify vacating the interest directive.

Issues: The main issue was whether the learned Single Judge's direction to pay interest was made in error, warranting review under the CPC.

Ratio Decidendi: The court ruled that the learned Single Judge's original order was well-founded and that the review was improperly granted based on mitigating factors that did not constitute an error apparent on the record.

Result: Appeals allowed, impugned orders set aside.

Table of Content
1. appellants retired from service (Para 2)
2. review petitions filed by university (Para 3)
3. learned single judge's reasoning (Para 4 , 5 , 6 , 7 , 8 , 9)
4. court's ruling on review (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22)

JUDGMENT

Muralee Krishna, J.

These writ appeals are filed under Section 5 (i) of the Kerala High Court Act , 1958, by the appellants who are retired employees of the 1st respondent Kannur University, challenging the orders dated 25.09.2024 passed by the learned Single Judge in R.P. Nos.1169 and in 1149 of 2023 respectively, whereby the judgment dated 16.08.2022 in W.P.(C) No.24668 of 2022 and the judgment dated 22.09.2022 in W.P.(C)No.28701 of 2022 were reviewed and the direction to pay interest at the rate of 8% on the retiral or pensionary benefits due to the appellants, in case of failure of the 1st respondent to pay the same within two months from the date of receipt of a copy of the said judgment, was vacated. Since the issue to be decided in these writ appeals are the same, they are being heard and disposed of by this common judgment.

2. The appellant in W.A.No.1818 of 2024 retired from service on 31.01.2017 while holding the post of Assistant Librarian and the appellant in W.A.No.1819 of 2024 retired from service on 30.06.2017 while holding the post of Deputy Librarian at Kannur University. The appellant in W.A.No.1818 of 2024 filed W.P.(C)No.24668 of 2022 and the appellant in W.A.No.1819 of 2024 filed W.P.(C)No.28701 of 2022 under Article 226 of the Constitution of India seeking a writ of mandamus commanding the respondents to grant them full terminal benefits including the DCRG, leave surrender value, etc., with 10% interest and also seeking some other ancillary reliefs. The appellants contended that they were granted promotion to their respective posts under valid orders of the University and, therefore, there is no reason to deny pensionary and retiral benefits to them. The 1st respondent University took a stand in the writ petitions that full disbursement of the appellant’s retiral and pensionary benefits was held up as it was objected by the audit department. According to the University, the Audit Department raised the objection that the promotion of the appellants in the years 2011 and 2017 respectively was irregular and granted without their probation in the earlier post being validly declared. After considering the rival contentions, pleadings, and materials on record, the learned Single Judge allowed the writ petitions and directed the University to pay full eligible retiral and pensionary benefits due to the appellants dehors any audit objection with respect to their promotion in the years 2011 and 2017 respectively and subject to every other criterion being satisfied, as expeditiously as possible, but not later than two months from the date of receipt of a copy of the judgment. The learned Single Judge further directed the 1st respondent University to pay interest at the rate of 8% on the due amount from the date on which it became due until it is actually paid if it fails to pay the amount as directed.

3. The 1st respondent University later filed R.P. No.1169 of 2023 and R.P.No.1149 of 2023 under Order XLVII Rule 1 read with Section 114 of the Code of Civil Procedure , 1908 (‘CPC’ for short), seeking to review the judgments in the respective writ petitions to the extent it directs the 1st respondent to pay interest, contending that the entire amount due to the appellants was paid, though not within the time limit stipulated in the judgment. The 1st respondent contended in the review petition that a substantial portion of the amount was paid on 22.02.2023 and the entire liability was discharged on 03.04.2023. It was admitted that there was a delay of nearly 5 months in paying the amount and further stated that the delay occurred since the University was awaiting concurrence from the Government on account of certain audit objections. The appellant

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