IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 26TH JUNE 2009 / 5TH ASHADHA 1931 WP(C).No. 25819 of 2008(W) --------------------------------------- PETITIONER(S): ---------------------- N. GOPINATHAN, AGED 75 YEARS, S/O. NEELAKANDAN, "AMBADI" VADASSERIKONAM P.O., VARKALA, THIRUVANANTHAPURAM DISTRICT. BY ADV. MR.V.V.RAJA MR.R.RANJITH RESPONDENT(S): ------------------------- 1. THE DIRECTOR OF PANCHAYATHS, DIRECTORATE OF PANCHAYATHS, THIRUVANANTHAPURAM. 2. THE ACCOUNTANT GENERAL (A&E), OFFICE OF THE ACCOUNTANT GENERAL, THIRUVANANTHAPURAM 39. R1 & R2 BY GOVERNMENT PLEADER MR.ANTONY MUKKATH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 25819/2008-W APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CERTIFICATE DATED 24/05/2006 ISSUED BY THE DEPUTY DIRECTOR OF PANCHAYATHS. EXT.P2: COPY OF THE COMMUNICATION DATED 30/06/1988 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT TO THE DISTRICT PANCHAYATH OFFICER, KOLLAM. EXT.P3: COPY OF THE G.O.(P)NO.125/2006 FINANCE DATED 17/03/2006 ISSUED BY THE SECRETARY, DEPT. OF FINANCE. EXT.P4: COPY OF THE APPLICATION IN APPENDIX 1 SUBMITTED BY THE PETITIONER BEFORE THE SUB TREASURY OFFICER, VARKALA. EXT.P5: COPY OF THE ACKNOWLEDGEMENT CARD SHOWING THE RECEIPT OF EXHIBIT P4. EXT.P6: COPY OF THE CHART EVIDENCING THE SCALE OF PAY. EXT.P7: COPY OF THE CALCULATION SHEET MAINTAINED BY THE OFFICE OF THE ACCOUNTATNT GENERAL. EXT.P8: COPY OF THE REPRESENTATION DATED 11/06/2008 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P9: COPY OF THE COMMUNICATION DATED 04/09/2008 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT TO THE SUB TREASURY OFFICER, VARKALA. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 25819 of 2008 W =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 26th day of June, 2009 JUDGMENT The petitioner is a pensioner. He retired from service on 31-3-1988, while he was working as Special Grade Executive Officer in Adichanalloor Grama Panchayat. The grievance voiced by the petitioner in this writ petition is that though he is entitled to have his pension revised with effect from 1-4-2005 in implementation of paragraph 15 of Ext.P3 Government order, the same has not been revised till date. 2. The official respondents have filed a counter affidavit virtually admitting the petitioner’s claim. Paragraphs 4 and 5 thereof read as follows:- “4. With the introduction of Panchayat Raj Act, 1994, the post of Special Grade Executive Officer has been re- designated as Special Grade Secretary. The scale of pay assigned to the very same post as per the pay revision 2004 is Rs.10790-280-11910-340-13610-380-16650-450-18000. 5. As per para 3(3) of the pension revision orders 2006. Since the above calculated value is less than 50% of the minimum of the corresponding revised scale of post from which the petitioner retired (Pay of Special Grade Secretary is, Rs.10790/-) and the petitioner having the qualifying service of more than 30 years, he is eligible to get his pension stepped up to 50% of the minimum of revised scale of pay Rs.10790-18000. Thus his pension shall be fixed at Rs.5395/- (ie, 50% of Rs.10,790/-)” W.P.(C) No. 25819/08 2 3. In the light of the stand taken by the official respondents, the petitioner cannot, in my opinion, have any subsisting grievance. The official respondents have conceded the claim of the petitioner to have his pension stepped up to 50% of the minimum of the revised scale of pay of Rs. 10790- 18000 with effect from 1-4-2005. I accordingly dispose of this writ petition with a direction to the competent authority among the respondents to revise the pension payable to the petitioner by stepping it up to 50% of the minimum of the revised scale of pay of Rs.10790-18000 with effect from 1-4-2005. Orders in that regard shall be issued within two months from the date on which the petitioner produces a certified copy of this judgment before the first respondent. Payment of arrears of pensionary benefits shall be made within two months from the date on which orders are passed as directed above. Needless to say the respondents shall continue to pay to the petitioner the revised pension. P.N.RAVINDRAN, JUDGE. mn.