IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 15TH DECEMBER 2008 / 24TH AGRAHAYANA 1930 WP(C).No. 36424 of 2008(J) -------------------------- PETITIONER(S): --------------- 1. MOHAMMED KASIM .A. "BISMI COTTAGE" ALISSERY WARD, ALAPPUZHA P.O., PIN 698 001. 2. THOMAS KURIAN MOOTHEDATHU HOUSE, ERUMELI P.O.,ERUMELI, KOTTAYAM DIST. 3. A.J.MATHEW ARACKAL HOUSE, ERUMELI P.O., ERUMELI, KOTTAYAM DIST. BY ADV. SRIT.R.MOHANAKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE DEPARTMENT OF CO-OPERATION SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ACCOUNTANT GENERAL (A&E) KERALA OFFICE OF THE ACCOUNTANT GENERAL THIRUVANANTHAPURAM. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ----------------------------- W.P.(C) NO:36424 of 2008 ----------------------------- Dated this 15th day of December, 2008 JUDGMENT Heard Sri.T.R.Mohankumar, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Government Pleader appearing for the respondents. 2. The petitioners are pensioners. They retired from service while they were working as Deputy Registrars in the Co-operation Department. In this Writ Petition the petitioners challenge Ext.P4 order dated 21-10- 2008 by the State Government, under Rule 59(b) of Part III of the Kerala Service Rules reducing their pension permanently by Rs.150/- per mensem. The petitioners submit that they had served in Alleppy district only for a period of less than one year and that during their service in Alleppy district no complaint relating to Kainakary Labour Contract Society was brought to their notice and therefore the decision taken by the Government to reduce their pension was not called for. 3. Note (1) Rule 59 (b) of Part III of the Kerala Service Rules stipulates that the Government may review their orders if the employee makes a request in that regard within a period of 3 months from the date of the order. In the instant case, the order reducing pension was passed on 21-10-2008. I have disposed of WP(C) No. 35671 of 2008 filed by Joint Registrars challenging the very same order with a direction WPC:36424/2008 2 to the Government to consider the review petitions and pass orders thereon if the petitioners’ therein move the Government in that regard. Since the very same order of the Government is under challenge in this writ petition also, I dispose of this writ petition with a direction to the petitioners to move the Government seeking review of Ext.P4 by submitting separate review petitions within the time limit of three months stipulated in Note (i) to Rule 59 (b) of Part III of the Kerala Service Rules. The Government shall within three months thereafter hear the petitioners and pass appropriate orders thereon after referring to all the contentions which the petitioners may raise in the review petitions. Till orders are passed on the review petitions, the direction issued in Ex.P4 shall be kept in abeyance. P.N.RAVINDRAN, JUDGE bps