IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 WP(C).No. 14966 of 2009(M) -------------------------------- PETITIONERS: ---------------- 1. DR.K.N.BALAKRISHNAN NAIR, PROFESSOR (RETD), ATHURASRAMOM N.S.S. HOMEO MEDICAL COLLEGE, TAPAS, PERUNNA, CHENGANACHERRY. 2. C.M.NARAYANA KURUP, WORKS MANAGER (RETD), ATHURASRAMOM N.S.S. HOMEO MEDICAL COLLEGE, KURATTIMALA, THETHANAM P.O., CHENGANACHERRY. 3. K.P.AYYAPPAN PILLAI, ATTENDER (RETD), ATHURASRAMOM N.S.S. HOMEO MEDICAL COLLEGE, SAVIJALAYANI, KUZHIMATTOM P.O., KOTTAYAM DT. 4. K.A.BHASKARA PILLAI, CARETAKER (RETD), ATHURASRAMOM N.S.S. HOMEO MEDICAL COLLEGE, PULIMALA HOUSE, VELLOORTHURUTHY, KUZHIMATTOM P.O., KOTTAYAM DISTRICT. 5. R.GOPALAKRISHNA PILLAI, ATTENDER (RETD), ATHURASRAMOM N.S.S. HOMEO MEDICAL COLLEGE, RAMACHANDRA VILASOM, VEROOR P.O., CHENGANACHERRY. 6. V.C.ZACHARIAH, LECTURER IN PHY. EDUCATION (RETD), ATHURASRAMOM N.S.S. HOMEO MEDICAL COLLEGE, KURICHY, NEELAMPEROOR P.O., KOTTAYAM. 7. G.RAJASEKHARA KURUP, HEAD CLERK (RETD), ATHURASRAMOM N.S.S. HOMEO MEDICAL COLLEGE, ANAVIL BUNGLOW, MALAKUNNAM P.O., CHENGANACHERRY. 8. DR.KORAH JACOB, PROFESSOR (RETD), ATHURASRAMOM N.S.S. HOMEO MEDICAL COLLEGE, THAZHATHU HOUSE, THAZHATHANGADY P.O., KOTTAYAM. WP(C).No. 14966/2009 ...2... 9. DR.G.RAJAGOPAL, PROFESSOR (RETD), ATHURASRAMOM N.S.S. HOMEO MEDICAL COLLEGE, KADAVILETH HOUSE, KEEZHCHERIYIL, CHENGANNUR. BY MR.P.M.MOHAMMED SHIRAZ, ADVOCATE. MR.G.RAJAGOPAL, ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA, REP. BY SECRETARY TO GOVT. OF KERALA, DEPARTMENT OF HEALTH & FAMILY WELFARE, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVT. OF KERALA, DEPARTMENT OF HEALTH & FAMILY WELFARE, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. BY MR. T.T. MUHAMOOD, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.14966 OF 2009 --------------------------------------- Dated this the 1st day of June, 2009. J U D G M E N T The petitioners herein retired from the service of Athurasramam N.S.S Homeo Medical College, Changanassery. The Government, with effect from 01.06.1986, introduced Direct Payment System, but the same could not be implemented due to opposition of management. Ultimately, the same was implemented with effect from 01.11.1995. The petitioners could not get the benefit of pension and other benefits since they retired from service prior to the date of implementation of Direct Payment System. Presently, they are getting only minimum pension of Rs.2,000/- per month as per Exhibit P1 order. 2. The petitioners have pointed out that in respect of Vaidyaratnam P.S. Warrier Ayurveda College, Kottakkal, the Government, as per G.O.(MS) 35/94/H & FWD dated 21.02.1994, sanctioned the applicability of Part III of Kerala Service Rules from 01.04.1972 and qualifying service is reckoned accordingly. W.P.(C) No.14966/09 2 It is also pointed out that the same treatment was meted out to the staff of Ayurveda College, Ollur. In both these Ayurveda Colleges, the Government decided to count the period of service from the date on which University granted affiliation to those colleges. The petitioners have sought for a similar treatment by filing Exhibit P2 representation before the Government. 3. Heard the learned counsel for the petitioner and the learned Government Pleader. Since the petitioners have already approached the Government as per Exhibit P2, there will be a direction to the first respondent to take a decision on Exhibit P2, after hearing a representative of the petitioners and the Management within a period of three months from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp