IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 1ST JULY 2010 / 10TH ASHADHA 1932 OP.No. 24664 of 2002(J) ----------------------- PETITIONER(S): ----------------------- K.GIRIJAMANY, CHOWARA KOYIKKAL MEDHAM (NANDANAM), KANJOOR P.O., KALADY (VIA), ERNAKULAM. BY ADV. SRI.K.JAJU BABU RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVT. SECRETARIAT,TRIVANDRUM. 2. THE ACCOUNTANT GENERAL (A & E),KERALA, TRIVANDRUM. 3. THE SUB TREASURY OFFICER, SUB TREASURY, KUNNATHUNAD. GOVERNMENT PLEADER SRI.ANTONY MUKATH THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 01/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP NO.24664/02 ORDER IN CMP NO.41764 OF 2002 IN OP NO.24664/2002 DISMISSED 1/7/2010 SD/-ANTONY DOMINIC, JUDGE APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF PENSION PAYMENT ORDER NO.P12/PENA/1171/AZ/01-02/2141 DT 24.1.2002 ISSUED BY THE 2ND RESPONDENT. EXT.P2: TRUE COPY OF PENSION PAYMENT ORDER NO.P12/PENA/1171/AZ/01-02/742 DT 22.7.02 ISSEUD BY THE 2ND RESPONDENT. EXT.P3: TRUE COPY OF GO(P) 254/2002/FIN. DT 27.4.2002 ISSUED BY THE 1ST RESPONDENT. EXT.P4: TRUE COPY OF LETTER NO.PO1/K/G1/2002-03 DT 3.5.02 ISSUED BY THE 2ND RESPONDENT. EXT.P5: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DT 12.8.02. EXT.P6: TRUE COPY OF REPLY NO.68553/PEN.B1/2002/FIN. DT 18.1.2003 ISSUED BY THE 1ST RESPONDENT. EXT.P7: TRUE COPY OF GOVT.ORDER GO(P) NO.698/2002/FIN. ISSUED BY THE GOVERNMENT. EXT.P8: TRUE COPY OF GOVT.ORDER GO(P) NO.792/2002/FIN. DT 24.12.2002 ISSUED BY THE GOVERNMENT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ O.P NO. 24664 OF 2002 (J) ===================== Dated this the 1st day of July, 2010 J U D G M E N T Petitioner retired from service as HSA (Malayalam) on 30/11/2001. By Ext.P1 order, Rs.1,87,882/- was granted to the petitioner as commutted value of pension. Accordingly, payment was released to the petitioner on 24/4/2002. 2. On 27/4/02, Government issued Ext.P3 order changing the commutation ratio w.e.f. 9/1/02. On the ground that on the strength of Rule 60(c) of Part I KSR, petitioner continued in service till 31/3/2002. Ext.P2 order was issued by the Accountant General applying the change effected by Ext.P3 in the case of the petitioner and ordering recovery of Rs.30,107/- from out of the commutation value of pension that was already paid to the petitioner. It appears that the Accountant General took the view that the date relevant for the application of Ext.P3 decision of the Government was the date of actual quittance of the employee concerned, which in the case of the petitioner was on 31/3/2002. It is in these circumstances, this original petition has been filed challenging Exts.P2 and P4. OP No.24664/2002 :2 : 3. During the pendency of this original petition, Government have issued two clarificatory orders. First order is dated 8/11/02, a copy of which is Ext.P7. Here, the Government clarified that teachers whose actual date of superannuation was prior to 9/1/2002, but continued till the end of the academic year, should be governed by the old formulae of computation. However, this order carried a condition that the benefit of the old commutation formulae will be applicable only to the teachers who have applied for commutation before the date of actual superannuation. But this condition imposed as per Para 3(i) of Ext.P7 was subsequently deleted as per Ext.P8 Government Order dated 24/12/2002. 4. Therefore, as far as teachers who have attained age of superannuation prior to 9/1/02 are concerned, they are entitled to receive commutation value of pension based on the commutation ratio prevailing prior to Ext.P3. If so, the commutation value granted to the petitioner by Ext.P1 did not call for any modification. Necessarily, therefore, in the light of Exts.P7 and P8, Ext.P2 OP No.24664/2002 :3 : cannot survive and has to be quashed. Ext.P2 order issued by the 2nd respondent is therefore quashed and the original petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp