IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 WP(C).No. 25848 of 2008(B) -------------------------------------- PETITIONER(S): --------------------- KORAH POTHEN, RETIRED ROAD WORKER, (LAST GRADE SERVANT), P.W.D.ROADS SECTION, KURAVILANGAD, RESIDING AT KANJIRAMPARAYIL, NJEEZHOOR.P.O, KOTTAYAM DISTRICT-686 612. BY ADV. SRI.K.SURENDRA MOHAN RESPONDENT(S): ------------------------ 1. THE ASSISTANT ENGINEER, P.W.D.ROADS SECTION, OPP.DEVAMATHA COLLEGE, KURAVILANGAD. 2. THE EXECUTIVE ENGINEER, B & R DIVISION (ROADS), P.W.D, KOTTAYAM. 3. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS AND TRANSPORT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. THE ACCOUNTANT GENERAL (A & E)KERALA, OFFICE OF THE ACCOUNTANT GENERAL, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.ANU SIVARAMAN FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ P.N.Ravindran, J. ===================== W.P(C).No.25848 of 2008 ===================== Dated this the 29th day of October, 2008. JUDGMENT Heard Sri. K.Surendra Mohan, the learned counsel appearing for the petitioner and Smt. Anu Sivaraman, the learned Government Pleader appearing for respondents 1 to 4. 2. The petitioner is a pensioner. He retired from service on 31.10.1994. When his N.M.R. service prior to his C.L.R. service was not reckoned for the purpose of pensinary benefits, he moved the State Government and thereafter filed W.P.(C) No.16134 of 2004 in this Court. By Ext.P2 judgment delivered on 23.1.2007 in W.P.(C) No.16134 of 2004 to which the Accountant General (A&E) Kerala was also a party, this Court directed that the petitioner's service as N.M.R. worker from 1963 onwards shall be reckoned for the purpose of computing the total length of service and for calculating the pensionary benefits. There was also a direction to the respondents including the Accountant General to recalculate the pensionary benefits and pay the same expeditiously. Pursuant to the said direction, the Assistant Executive Engineer, Roads Sub Division, Pala addressed the Executive Engineer, Roads Division, Kottayam in Ext.P3 letter dated 11.5.2007 requesting that the revised pensionary benefits may be sanctioned and authorisation obtained and communicated early. On the basis of Ext.P3, the Executive Engineer moved the Accountant General in Ext.P4 letter dated 10.7.2007. In WP(C) 25848/08 -: 2 :- Ext.P4 letter dated 10.7.2007 the Executive Engineer requested the Accountant General to revise the pensionary claims of the petitioner at the earliest. The petitioner's grievance is that notwithstanding the expiry of more than one year, steps have not been take by the Accountant General to revise his pensionary benefits as recommended by the Executive Engineer and the Assistant Executive Engineer in Exts.P3 and P4. 3. When this Writ Petition came up for admission on 27.8.2008, the learned Government Pleader appearing for the respondents was directed to get instructions from the fourth respondent and to file a statement setting out the steps taken by him pursuant to the directions issued by this Court in Ext.P2 judgment and the request made by the Executive Engineer in Ext.P4 letter. There was also a direction to file a statement within three weeks. The Writ Petition was also ordered to be posted on 15.9.2008. On 15.9.2008, the learned Government Pleader prayed for two weeks further time to get instructions and file a statement. That request was also granted. This Writ Petition thereafter came up on 6.10.2008. On 6.10.2008 also, as requested by the learned Government Pleader two weeks further time was granted. It is regretful to note that even today, though two months have passed after the Writ Petition first came up for admission, the learned Government Pleader submits that she has not been able to get instructions from the fourth respondent. WP(C) 25848/08 -: 3 :- 4. The petitioner is a pensioner aged 72 years. By Ext.P2 judgment which has become final and to which the Accountant General is a party, this Court had directed expeditious disbursement of revised pensionary benefits reckoning the service rendered by the petitioner as N.M.R. Worker. The petitioner's superior officers promptly complied with the directions issued by this Court and they moved the Accountant General within time. For no fault of the petitioner or his superior officers, he is yet to get the benefits flowing from Ext.P2 judgment. Though this Writ Petition was filed on 26.8.2008 and has come up for admission hearing on four occasions, this Court has not been informed of any reason much less any cogent reason for not complying with the directions issued by this Court in Ext.P2 judgment. Ext.P2 judgment has become final and the directions therein bind the fourth respondent also. In these circumstances, I dispose of the Writ Petition with a direction to the fourth respondent to implement Ext.P2 judgment and forthwith sanction revised pensionary benefits to the petitioner in the manner suggested in Exts.P3 and P4 and the papers accompanying the same. This shall be done within two months from the date on which the petitioner produces a certified copy of this judgment. P.N.Ravindran, Judge. ess 4/11