IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 WA.No. 2082 of 2009() --------------------- AGAINST THE JUDGMENT IN WPC.37393/2007 Dated 07/07/2009 APPELLANT: PETITIONER K.BALAKRISHNA PILLAI, FIRST GRADE SURVEYOR(RETIRED), OFFICE OF THE SUPERINTENDENT OF SURVEY AND LAND RECORDS, RE-SURVEY, MANANTHAVADY, WYNAD DISTRICT, RESIDING AT SREEVISAKH,CHUNAKKARA NADUVIL, CHUNAKKARA P.O., ALAPPUZHA DISTRICT. BY ADV. SRI.GOPAKUMAR R.THALIYAL SRI.N.P.PRAJEESH RESPONDENT(S): RESPONDENTS --------------- 1. THE DIRECTOR OF SURVEY AND LAND RECORDS, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE ACCOUNTANT GENERAL(A&E), KERALA, THIRUVANANTHAPURAM. BY SENIOR GOVT.PLEADER SRI.BENNY GERVASIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 22/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A. NO. 2082 OF 2009 --------------------------------------------- Dated this the 22nd day of September, 2009 JUDGMENT Kurian Joseph, J. The appellant is the petitioner. He approached this Court aggrieved by the disciplinary proceedings initiated against him and also aggrieved by the proceedings initiated under Rule 59(b) of Part III of the Kerala Service Rules. The learned Single Judge partly allowed the Writ Petition, interfering with Ext.P5 recommendation of the Director of Survey to reduce the pension of the petitioner by 20% under Rule 3 of Part III of the Kerala Service Rules in view of the retirement of the incumbent on 30.6.2003. However, the learned Single Judge declined to interfere with Exts.P8 and P10. Ext.P8 is an order passed by the Government under Rule 59(b) of Part III of the Kerala Service Rules whereby the pension of the petitioner was reduced by Rs.350/- per month after entering the finding that the service of the petitioner was not satisfactory in view of the disciplinary proceedings initiated against him 12 times while in service and also on other grounds. The petitioner filed a statutory review petition as per Ext.P9. Ext.P9 has been rejected by Ext.P10 in the following manner: “I am to invite your attention to the W.A. NO. 2082/2009 2 reference cited and to inform that Government do not consider it necessary to review the punishment as it was imposed after detailed examination.” 2. We are afraid, the order does not meet the requirements under law. It has to be seen that Ext.P9 review petition is not a mercy petition for reconsideration of an order passed by the Government. It is a statutory review petition under Note 1 to Rule 59(b) of Part III of the Kerala Service Rules which requires consideration on merits. The same cannot be disposed of in a laconic manner and that too refusing to consider the matter. Accordingly, we dispose of the Writ Appeal quashing Ext.P10 and directing the Government to consider Ext.P9 with notice to the petitioner and pass an order on merits. This shall be done within a period of three months from the date of production of a copy of this judgment along with the copy of the Writ Appeal by the appellant. The judgment under appeal will stand modified to the above extent. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.A. NO. 2082/2009 3 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.A.NO.2082/2009 JUDGMENT 22nd September, 2009 W.A. NO. 2082/2009 4