IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 OP.No. 10084 of 2003(A) ----------------------- PETITIONERS: ------------ 1. M.A.RAHIM, RETD.ADMINISTRATIVE ASSISTANT, P.W.D.IRRIGATION SOUTH CIRCLE, TRIVANDRUM (P.PO NO.16284) 2. VINCENT.K.O., RETD.FITTER, P.W.D. DRY DOCK AND WORKSHOP, SUB DIVISION OFFICE, ALAPPUZHA (PPO NO.33008306) 3. P.SEBASTIAN JOB, RETD.ASSISTANT PIER MASTER (HIGHER GRADE), PORT & THE SHIPPING OFFICE, KERALA PORT DEPARTMENT, ALAPPUZHA (PPO NO.16382) BY ADV. SRI.B.GOPAKUMAR ADV.SMT.CHINCY GOPAKUMAR RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, (FINANCE) GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ACCOUNTANT GENERAL OF KERALA, THIRUVANANTHAPURAM. BY SPL. GOVERNMENT PLEADER SRI.N.MANOJ KUMAR THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 11/04/2008 ALONG WITH O.P.NO.12198/2003, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP.NO.17484 OF 2003 IN OP.NO.10084 OF 2003-A DISMISSED 11.04.2008. SD/= P.N. RAVINDRAN, JUDGE. APPENDIX PETITIONERS' EXHIBITS: EXT.P1 COPY OF G.O.NO.(P)3000/98/FIN DTD 25.11.98. EXT.P2 COPY OF PAY REVISION OF PENSION AND OTHER RELATED BENEFITS G.O. (P) NO.3001/98/FIN DTD 25..11.98. EXT.P3 COPY OF G.O.(P) NO.922/95/62/FIN DTD 30.11.95. EXT.P4 COPY OF G.O.(P)600/93/FIN DTD 25.9.93 TRIVANDRUM. EXT.P5 COPY OF G.O.(P)930/93/2/FIN DTD TRIVANDRUM 8TH DECEMBER, 93. EXT.P6 COPY OF JUDGMENT IN OP.32614/99 DTD 18.10.2001. EXT.P7 COPY OF JUDGMENT IN OP.2019/92 DTD 20.7.98 OF THIS COURT. EXT.P8 COOPY OF THE GOVERNMENT ORDER NO.G.O.(P)NO.206/03/FIN DTD THIRUVANANTHAPURAM 5.4.03 ISSUED BY R1. /TRUE COPY/ cl P.N. RAVINDRAN, J. ------------------------------------ O.P.NO.10084 OF 2003-A & O.P.NO.12198 OF 2003-B ------------------------------------- Dated this the 11th day of April, 2008. JUDGMENT The petitioners in these cases are pensioners. They retired from service on various dates prior to the implementation of G.O.(P) No.3001/98/Fin. dated 25.11.1998, a copy of which is Ext.P2. The said government order came into force with effect from 1.3.1997. Though the petitioners have raised many grievances including a challenge to the cut off date fixed in Ext.P2, Sri. B. Gopakumar, the learned counsel appearing for the petitioners, confines his submission only to one limited point namely that even the benefits available to the petitioners with effect from 1.3.1997 under Ext.P2 government order have not been extended to them. There is serious controversy between the parties as to whether the pension payable to the petitioners with effect from 1.3.1997 has been fixed and paid in terms of Ext.P2 government order. In my opinion, this is essentially a matter for the governmental authorities to decide in the first instance. OP.NOS.10084&12198/03 . 2 2. In the result, I dispose of these original petitions reserving liberty with the petitioners to file an appropriate representation before the Principal Secretary to Government, Finance Department, with a copy to the Accountant General of Kerala setting out their grievances regarding the implementation of Ext.P2 government order. Such representation shall be filed within two weeks from the date of receipt of a copy of this judgment. The Principal Secretary to Government, Finance Department, shall within a period of three months thereafter consider the said representation and pass orders thereon after affording one among the petitioners, who will be nominated by the petitioners as their representative, an opportunity of being heard. The petitioners may in their representation also authorise any one among them to represent them at the said hearing. The Principal Secretary to Government, Finance Department, shall in consultation with the 2nd respondent, the Accountant General of Kerala, issue orders on the representation of the petitioners. If on a consideration of the representation, the Principal Secretary to Government, Finance Department finds that the petitioners are entitled to any benefit flowing from Ext.P2 government order and they have not been given OP.NOS.10084&12198/03 . 3 the said benefit, monetary benefits payable to them on that count shall be paid within one month thereafter. No costs. P.N. RAVINDRAN, JUDGE. cl OP.NOS.10084&12198/03 . 4 P.N. RAVINDRAN, J. ------------------------------------ O.P.NO.10084 OF 2003-A & O.P.NO.12198 OF 2003-B ------------------------------------- JUDGMENT 11th April, 2008.