IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 22ND JUNE 2009 / 1ST ASHADHA 1931 WP(C).No. 11109 of 2009(G) -------------------------------------- PETITIONER(S): ----------------------- KARUNAKARAN.V, AGED 74 YEARS, S/O.LATE N.VELAHUDHAN, T.C.12/699, VARAMBASSERY, KUNNUKUZHY P.O., THIRUVANANTHAPURAM-37, NOW RESIDING AT TC 24/2089 (1), KARUNA, POUND ROAD, THYCAUD P.O., THIRUVANANTHAPURAM-14. BY ADV. MR.M.RAJAGOPALAN NAIR MR.G.BIJU RESPONDENT(S): ------------------------- 1. A.G. (A&E), KERALA, TRIVANDRUM, O/O.A.G. (A&E), KERALA, THIRUVANANTHAPURAM. 2. PAY & ACCOUNTS OFFICER, AG (KERALA) TRIVANDRUM, DIRECTOR OF AUDIT II CENTRAL REVENUE (IAAD), PAY AND ACCOUNTS OFFICE, AG (KERALA), THIRUVANANTHAPURAM. 3. PAY & ACCOUNTS OFFICER, CENTRAL PENSION ACCOUNTING OFFICE, GOVERNMENT OF INDIA, TRIKOOT-2, BHIKAJI, CAMA PLACE, NEW DELHI- 110 066. 4. THE MANAGER, STATE BANK OF INDIA, P.B.NO.14, M.G.ROAD, TRIVANDRUM, KERALA. R1 TO R3 BY ADV. MR.P.NANDAKUMAR, SC, IA & AD R4 BY ADV. MR.K.K.CHANDRAN PILLAI, SC, SBI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 11109/2009-G APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PPO NO.626999400166 ISSUED TO PETITIONER. EXT.P2: COPY OF THE ORDER DATED 28/09/99 FIXING OF NATIONAL PAY AND REVISION OF PETITIONER'S PENSION AS ON 01/01/96. EXT.P3: COPY OF THE LETTER DATED 20/01/2009 OF 2ND RESPONDENT SENT TO THE PETITIONER. EXT.P4: COPY OF THE LETTER DATED 18/02/2009 ISSUED BY THE 3RD RESPONDENT TO 4TH RESPONDENT. EXT.P5: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN W.A. NO. 2662/2007. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.11109 of 2009-G ------------------------------ Dated this the 22nd day of June, 2009. J U D G M E N T Heard Sri.M.Rajagopalan Nair, the learned counsel appearing for the petitioner and Sri.P.Nandakumar, the learned Government Pleader appearing for the respondents. 2. The petitioner is a pensioner. In this writ petition he challenges Exts.P3 and P4 orders whereby the pensionary benefits drawn by him were reduced and recovery of the excess amount drawn by him was ordered. Respondents 1 to 3 have filed a statement raising a preliminary objection to the maintainability of this writ petition. It is contended that as the petitioner is a central civil service pensioner he has to move the Central Administrative Tribunal constituted under the Administrative Tribunals Act 1985 seeking redressal of his grievances. 3. I have considered the submissions made at the Bar by the learned counsel appearing on either side. The fact that the petitioner is a central civil service pensioner is not in dispute. Since the petitioner was an employee of the Government of India and is drawing pension from the Government of India, he has to move the Central Administrative Tribunal constituted under the Administrative Tribunals Act 1985, challenging Exts.P3 and P4 and seeking the reliefs prayed for in this writ petition. W.P(C) No.11109 of 2009-G 2 I therefore uphold the preliminary objection raised by respondents 1 to 3 as to the maintainability of this writ petition. The writ petition is accordingly dismissed without prejudice to the contentions of the petitioner and his right to move the Central Administrative Tribunal constituted under the Administrative Tribunals Act 1985 seeking redressal of his grievances. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab