IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 OP.No. 13058 of 2003(D) ------------------------------------- PETITIONER(S): ----------------------- M.SANTHAKUMARI DEVI, DEPUTY TAHSILDAR, TALUK OFFICE, AMBALAPUZHA, ALAPPUZHA DISTRICT. BY ADV. SRI.K.N.RAMACHANDRA PANICKER RESPONDENT(S): -------------------------- 1. ACCOUNTANT GENERAL, KERALA, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, ALAPPUZHA. 4. THE TAHSILDAR, TALUK OFFICE, AMBALAPUZHA. 5. THE TAHSILDAR (REVENUE RECOVERY), TALUK OFFICE BUILDING, AMBALAPPUZHA. GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP. NO.22158/2003 IN OP. NO.13058/2003 Dismissed 10.11.2008 SD/- KURIAN JOSEPH, JUDGE APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE GO(RT) 4678/98/FIN. DT. 21.8.97 ISSUED BY THE SECRETARY, FINANCE DEPARTMENT. P2:- COPY OF THE PROCEEDINGS OF THE TAHSILDAR AMBALAPUZHA NO.A4/7550/96 DT. 7.10.97. P3:- COPY OF THE LETTER NO.PAY/FIN/HQ/8-7-(579)/1150 DT. 28.2.2000 OF THE ACCOUNTANT GENERAL, THIRUVANANTHAPURAM. P4:- COPY OF THE PROCEEDINGS B1.885/2000 DT. 25.9.2000 OF THE TAHSILDAR (RR) AMBALAPPUZHA. P5:- COPY OF THE JUDGMENT IN OP. 2341/03 DT. 22.1.03 OF THIS HONOURABLE COURT. /TRUE COPY/ P.S. TO JUDGE tss KURIAN JOSEPH, J. ----------------------------------------- O.P. No. 13058 of 2003 ----------------------------------------- Dated this the 10th day of November, 2008 JUDGMENT The writ petition is filed mainly with the following prayer:- “(iii) Issue a writ, order or direction to refix the date of time bound grade as 1-7-1995 equal to the date of re- fixation of pay 1-7-95 and to draw and disburse the arrears already wrongly recovered from the petitioner and to quash the proceedings of the 5th respondent. Ext.P4, B1-885/2000 dated 29-5-2000 Tahsildar (RR) Alappuzha who unnecessarily and without following the G.O(P) No.615/138/97/Fin. dated 28-6-1997 had changed the date of re-option of pay from 1-7-1995 to 1-7-1994 equal to the date of fixation of pay due to time bound higher grade.” There is an interim order ever since 11-4-2003. There is no counter affidavit. It is seen that the petitioner has retired from service. Therefore, the writ petition is disposed of in terms of the interim order making it clear that in case the petitioner has still any grievance left he may approach the second respondent. In the event of the petitioner approaching the second respondent within a period of two months from today, the matter will be duly considered with notice to the petitioner and appropriate orders in accordance with law will be passed within a period of another three months. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- O.P.No.13058 of 2003 ----------------------------------- JUDGMENT 10th November, 2008