IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 15TH JANUARY 2009 / 25TH POUSHA 1930 WP(C).No. 8870 of 2005(E) -------------------------------------- PETITIONER(S): ------------------------ C.K.KORUKKUTTY PANICKER, S/O. LATE P.RAMAN NAIR, AGED 77 YEARS, ADDL.DIRECTOR OF AGRICULTURE (RETD.),`KRISHNAKRIPA' CHUNGATHARA P.O., EDAKKARA, MALAPPURAM DISTRICT, PIN-679 334. BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF AGRICULTURE, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.P.NANDAKUMAR FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.8870/2005 E APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DTD. 19/10/2004. EXT.P2: COPY OF THE COMMUNICATION DTD. 29/01/2005 SENT BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P3: COPY OF THE COMMUNICATION DTD. 6/08/2004 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.8870 of 2005 -------------------------- Dated this the 15th January,2009 J U D G M E N T The petitioner retired from service on 31.12.1984 in the post of additional Director of Agriculture. At the relevant time, there were disciplinary proceedings pending against him and ultimately in 1989 they have been dropped. Since the pensionary benefits were not disbursed thereafter he had approached this Court by filing O.P No.219/92 and this Court directed the respondents to disburse all the pensionary benefits to the petitioner along with 12% interest from 1.1.1985. An amount of Rs.7500/- was awarded as cost also. In W.A No.3117/2001 the direction by a Single Judge awarding cost was deleted and it was held that the petitioner is not entitled for interest for the commuted value of pension. In other respects the judgment was upheld. 2. Subsequent payments have been effected, according to the petitioner, even belatedly. Presently, the W.P ( C) No.8870 of 2005 2 dispute is regarding the entitlement of revision of pension based on the pay revision orders issued from time to time. The claim is from 1.1.1997. 3. It is pointed out by the learned Government Pleader that the pay revision was with effect from 1.1.1997. Even though the petitioner moved the authorities in the matter by Exhibit-P3 he was given a reply to the effect that the matter has been taken up with the Government and further action will be taken as and when the Government direction is received in the matter. Exhibit-P3 is dated 6.8.2004. Still he has not been disbursed any benefit by way of revision of pension. 4. In view of the fact that the petitioner is entitled for the revised pension based on the successive orders of pay revision, the matter will be considered in accordance with the pay revision orders by the respondents and appropriate action will be taken to revise the pension of the petitioner as envisaged by the terms therein. Orders shall be passed by the Secretary of the Department of Agriculture, within a period of three months from the date of receipt of a copy of this judgment and arrears due to the W.P ( C) No.8870 of 2005 3 petitioner shall be paid without further delay, at any rate, within a further period of three months. The writ petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.8870 of 2005 4 W.P ( C) No.8870 of 2005 5