IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 WP(C).No. 31446 of 2005(R) -------------------------- PETITIONER(S): --------------- K.CHELLAPPAN, AGED 77 YEARS, S/O.KUNJAN, CHEMMOTH PADMALAYAM, THONDANKULANGARA WARD, ALAPPUZHA-6. BY ADV. SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN RESPONDENT(S): --------------- 1. THE SECRETARY, ALAPPUZHA MUNICIPALITY, ALAPPUZHA. 2. THE DIRECTOR OF MUNICIPAL ADMINISTRATION OFFICE OF THE DIRECTOR OF MUNICIPAL ADMINISTRATION THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO LOCAL ADMINISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. GOVT. PLEADER SHRI.ANTONY MUKKATH ADV.M.K.CHANDRAMOHAN DAS, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). No. 31446/2005 APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE PETITION DTD.21.4.99 TO R1. P2. COPY OF THE STATEMENT DTD.NIL. P3. COPY OF THE PETITION DTD.24.5.2000 SUBMITTED BEFORE THE CHIEF MINISTER. P4. COPY OF THE LETTER OF R2 DTD.29.6.2000. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 31446 of 2005 ================== Dated this the 31st day of August, 2011 J U D G M E N T The petitioner retired from service on 30.6.1979 from the Local Self Government Department of the Government of Kerala. On commutation ` 129/- was deducted from his pension. Thereafter, dearness allowance was being calculated on his monthly pension after deduction of the commuted value. The petitioner's grievance in this writ petition is that the petitioner is entitled to dearness allowance on the entire pension sanctioned without any deduction on account of commutation. The petitioner seeks the following relief: “Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to disburse the arrears of D.A. to the petitioner as claimed in Exhibit P1 and P2.” 2. The learned Government Pleader submits that only those persons who retired prior to 1.7.1978 are entitled to dearness allowance on the basis of sanctioned pension without taking into account commutation. For all others, except High Court Judges, dearness allowance is calculated on the pension after deducting commutation. 3. I have considered the rival contentions in detail. 4. As per GO(P).No.456/79/(41)/Fin dated 5.5.1979 only those persons who retired prior to 1.7.1978 dearness allowance would w.p.c.31446/05 2 be worked out on the total amount comprising basic pension. For all others, except High Court Judges, dearness allowance will be calculated on the balance pension after deducting the commutation value. In the above circumstances, there is no merit in this writ petition and accordingly, the same is dismissed. Interlocutory applications stand closed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge