Amendments to promotion rules necessitate review of past judgments to ensure compliance with current legal standards.

Anil K. Narendran, J.

The petitioner, who is the respondent in W.A.No.2234 of 2023, has filed this review petition, invoking the provisions under Order XLVII Rule 1 of the Code of Civil Procedure , 1908, seeking review of the judgment dated 09.12.2024 in that writ appeal, which was one filed by the respondents herein, invoking the provisions under Section 5(i) of the Kerala High Court Act , 1958, challenging the judgment dated 25.05.2023 of the learned Single Judge in W.P.(C)No.3936 of 2011, which was one filed by the petitioner herein seeking a writ of mandamus commanding the respondents herein to grant him promotion to the post of Senior Assistant with consequential benefits; and a writ of mandamus commanding the respondents herein to recast Ext.P5 order dated 06.01.2011 issued by the 1^st respondent Chief Engineer (HRM), Kerala State Electricity Board, by including the petitioner as a promotee to the post of Senior Assistant. By the judgment dated 25.05.2023, which was under challenge in W.A.No.2234 of 2023, the learned Single Judge disposed of the writ petition directing the respondents herein to give promotion to the petitioner to the post of Senior Assistant, without insisting for the passing of the suitability test, in view of the proviso to Rule 13B Part-II of Kerala State and Subordinate Service Rules , 1958.

2. In the judgment dated 09.12.2024, while allowing W.A.No.2234 of 2023, this Court has referred to the provision under Rule 13B Part-II KS&SSR. The said provision, which was referred to in paragraph 8 of that judgment, is Rule 13B Part-II KS&SSR, as substituted by G.O.(P)02/2022/P&ARD dated 15.01.2022. By way of that substitution, the words ’or any executive orders’, ’essential’ and ’or Executive Orders’ were inserted in Rule 13B Part-II KS&SSR.

3. Though the learned counsel on both sides have addressed rival contentions on the effect of Rule 13B Part II KS&SSR, prior to its substitution vide the aforesaid Government order dated 15.01.2022, we do not propose to consider the said contention in detail in this review petition, since we are of the view that the provisions of Rule 13B Part II KS&SSR quoted in paragraph 8 of the judgment dated 09.12.2024 in W.A.No.2234 of 2023 is the amended provision, as substituted by the Government Order dated 15.01.2022, the judgment sought to be reviewed is liable to the recalled.

4. In the result this review petition is disposed of by recalling the judgment dated 09.12.2024 in W.A.No.2234 of 2023.

Registry to list the writ appeal before the Division Bench as per roster.