IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931 WP(C).No. 16135 of 2009(J) ---------------------------------------- PETITIONER(S): ------------------------- 1. K.RADHAMONY AMMA, FIRST GRADE SURVEYOR (RETIRED), OFFICE OF THE SUPERINTENDENT OF SURVEY, (RE-SURVEY), ALAPPUZHA, RADHIKA, P.O.POONITHURA, ERNAKULAM. 2. V.V.MOHANAN, FIRST GRADE SURVEYOR (RETIRED), OFFICE OF THE SUPERINTENDENT OF SURVEY, SURVEY & LAND RECORDS, VARAPARAMBIL, KUNNUMPURAM, DESOM P.O., ALUVA. BY ADV. SMT.I.SHEELA DEVI RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF FINANCE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. ACCOUNTANT GENERAL (A & E), ACCOUNTANT GENERAL'S OFFICE, THIRUVANANTHAPURAM. 3. DIRECTOR OF SURVEY & LAND RECORDS, THIRUVANANTHAPURAM. BY SR. GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.16135 of 2009 -------------------------------------- Dated 16th June, 2009 JUDGMENT Heard Smt. I.Sheeladevi, the learned counsel appearing for the petitioners and Smt.Anu Sivaraman, the learned Government Pleader appearing for the respondents. 2. The petitioners are pensioners. They retired from service on 30.04.1997 and 31.5.1999 respectively. The petitioners entered service as Second Grade Surveyors on 15.06.1970 and 8.4.1970 respectively. They were thereafter promoted to the category of First Grade Surveyor. When the petitioners were appointed as Second Grade Surveyors, they were placed in the scale of pay of Rs.90 -190. At that point of time, only those Second Grade Surveyors who had passed the Higher Grade Surveyor test were given the scale of pay of Rs.100-210. By Exts.P1 and P2 judgments, this Court held that all Second Grade Surveyors appointed in the scale of pay of Rs.90-190 are entitled to be placed in the scale of pay of Rs.100-210 with effect from the date on which they were appointed and are also entitled to payment of arrears of salary and allowances in the said scale of pay. Thereupon the Government issued Ext.P3 order dated 13.1.2000 in WP(C).No.16135/2009 2 implementation of the directions issued by this Court in Exts.P1 and P2 judgments. 3. In the meanwhile, the scale of pay of Second Grade Surveyors was revised from Rs.100-210 to Rs.240-445 in the 1973 pay revision and to Rs.350-580 in the 1978 pay revision. In view of these developments, the petitioners and others who are similarly placed, claimed an opportunity to exercise re-option pursuant to the 1973 and 1978 pay revisions. By Ext.P5 letter dated 16.3.2001, the Government directed that the beneficiaries of Exts.P1 and P2 judgments and Ext.P3 Government order are not entitled to exercise re-option. Ext.P5 was challenged in this Court in O.P.No.5925 of 2003 by persons similarly placed as the petitioners. By judgment delivered on 29.8.2003, the said original petition was allowed. The judgment of the learned Single Judge was confirmed by Ext.P6 judgment delivered by a Division Bench of this Court. The Special Leave Petition filed therefrom by the State of Kerala was dismissed by the Apex Court by Ext.P7 order. Thereafter, the Director of Survey & Land Records issued Ext.P8 circular dated 7.4.2009. The petitioners' grievance is that though they have filed Exts.P9 and P10 representations before the Director of Survey & Land Records, claiming the benefits flowing from Exts.P1, P2 and P6 judgments, Ext.P3 Government order and Ext.P8 WP(C).No.16135/2009 3 circular, till date orders have not been passed thereon. In this writ petition, the petitioners seek a writ in the nature of mandamus, commanding the respondents to extend to them the benefits flowing from Exts.P1, P2, P6 and P7 judgments, Ext.P3 Government order and Ext.P8 circular. They also seek a writ in the nature of mandamus, commanding the Director of Survey & Land Records to consider and pass orders on Exts.P9 and P10 representations within a time limit to be fixed by this Court. 4. It is evident from the pleadings and the submissions made at the Bar that what the petitioners seek is the benefits flowing from Ext.P3 Government order and Ext.P8 circular issued by the Director of Survey & Land Records. The petitioners have already moved the Director of Survey & Land Records by submitting Exts.P9 and P10 representations claiming the said benefits. Since the Director of Survey & Land Records is yet to take a decision in the matter, it will be premature for this Court to go into the merits of the petitioners' claims at this stage. In my opinion, the Director of Survey & Land Records should initially consider the claim made by the petitioners in Exts.P9 and P10 representations and take a decision thereon expeditiously having regard to the fact that the petitioners retired from service on 30.4.1997 and 31.5.1999 respectively. WP(C).No.16135/2009 4 I accordingly dispose of this writ petition with a direction to the third respondent to consider the request made by the petitioners in Exts.P9 and P10 representations, in the light of Exts.P1, P2 and P6 judgments of this Court, Ext.P3 Government order and Ext.P8 circular issued by the Director of Survey & Land Records. Final orders in the matter shall be passed within three months from the date on which the petitioners produce a certified copy of this judgment before the third respondent. It will be open to the petitioners to supplement Exts.P9 and P10 representations by filing an additional representation. The contentions of the petitioners on the merits are kept open. The third respondent shall after orders are passed as directed above, communicate copies thereof to the petitioners. P.N.RAVINDRAN Judge TKS