High CourtsDivision Bench(2010) 07 KL CK 0112

T.C. Roy vs United India Insurance Co. Ltd., The Divisional Manager and The Branch Manager

High Court Of Kerala · Decided on 30 July 2010

HON’BLE JUDGES
C.T. Ravi Kumar, J · A.K. Basheer, J
RESULT
Dismissed
CASE NUMBER
R.P. No. 481 of 2010

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Judgment

2 paragraphs · 258 words

C.T. Ravikumar, J.—The respondent in the writ appeal is the review petitioner. The review petitioner has challenged Ext.P5 order whereby he was found not entitled to non-core allowance for the financial year 1999-2000 and proposed to adjust the excess cost incurred to the tune of Rs. 45,496/- from his salary for the month of June, 1999 onwards, in the writ petition. The learned single Judge set aside Ext.P5 order and as per the judgment in the writ appeal it was held that Ext.P5 order was not liable to be set aside and consequently reversed the judgment and dismissed the writ petition. As per the judgment in the writ appeal, after referring to the relevant provisions, it was found that the review petitioner herein could not succeed in his claim for non-core allowance based on the premium obtained from the business in question with MRF Ltd. The review petitioner is seeking review of the said judgment in the writ appeal.

2.

In grounds ''A'' to ''C'' raised in this review petition, the petitioner contends that the matter requires re-consideration. In fact, a scanning of the said grounds undoubtedly reveal that it is an appeal in disguise. There cannot any doubt that a judgment cannot be re-written in exercise of review jurisdiction. The review petitioner has failed to bring to our attention any error apparent on the face of the record for compelling us to exercise the review jurisdiction and according to us, the grounds raised fall beyond the purview of the said jurisdiction. This review petition is accordingly dismissed.