IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 25TH JUNE 2009 / 4TH ASHADHA 1931 WP(C).No. 13999 of 2009(T) ------------------------------ PETITIONER(S): ------------------------ KRISHNAN JANAKI, AGED 62, W/O.SADANANDAN, KAMMATTITHARA HOUSE, VALAMANGALAM SOUTH, THURAVOOR P.O., CHERTHALA. BY ADVS.MR.K.S.MADHUSOODANAN MR.T.V.JAYAKUMAR NAMBOODIRI MR.THUSHAR NIRMAL SARATHY MR.M.M.VINOD KUMAR SMT.K.M.RAMYA RESPONDENT(S): ------------------------- SECRETARY, CORPORATION OF COCHIN, ERNAKULAM. ADV. MR.K.ANAND, SC, COCHIN CORPN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.13999/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE NOTICE BEARING NO.W.Z.H. 9/82/2005 DT. 5.3.05 ISSUED BY THE ASST. HEALTH OFFICER, MATTANCHERY ZONAL OFFICE. P2:- COPY OF THE ORDER BEARING NO.M.O.I.22.27762/07 DT. 17.5.07 ISSUED BY THE RESPONDENT. P3:- COPY OF THE REPRESENTATION DT. 12.2.08 SUBMITTED TO THE RESPONDENT. TRUE COPY P.A. TO JUDGE TSS P.N.RAVINDRAN, J. = = = = = = = = = = = = = = == = = = = = = W.P.C. No. 13999 OF 2009 = = = = = = = = = = = = = == = = = = = = = Dated this the 25th day of June 2009. JUDGMENT Heard Sri. K.S.Madhusoodanan, the learned Counsel appearing for the petitioner and Sri. K.Anand, the learned Standing Counsel appearing for the Cochin Corporation. 2. The petitioner is a pensioner. She retired from service on 28.02.2006 on attaining the age of superannuation. There upon, terminal benefits were also disbursed to her. After the petitioner retired from service, the salary and allowances payable to Government employees were revised with effect from 01.07.2004 as per Government Order dated 07.06.2007. As a result, the petitioner became entitled to revised terminal benefits and also to arrears of salary and allowances at the revised rate with effect from 01.07.2004 till the date of her retirement. In this writ petition, the petitioner seeks disbursement of arrears of salary and allowances and revised pensionary benefits. The petitioner also seeks payment of the surrender value of earned leave and grade promotion benefits. 3. Paragraph 2 of the counter statement dated 25-6-2009 W.P.(C) No. 13999/09 2 filed by the learned standing counsel appearing for the Cochin Corporation reads as follows:- “ It is respectfully submitted that the petitioner retired from service on 28.02.2006. As per G.O. (MS).No.153/2007 dated 07.06.2007 the salary of the petitioner has been revised. Based on the same steps have been taken by the Corporation to revise her pension, DCRG, Commutation and the statement has been prepared and the same has been forwarded along with the service book for getting sanction from the Local Fund Audit Deputy Director, on 21.04.2009. As soon as the sanction is accorded by the Local Fund Audit Deputy Director, the pensionary benefits due to the petitioner shall be revised and the arrears shall be paid to the petitioner.” 4. The statement deals only with the petitioner's claim for payment of revised pension. It does not touch upon the claim made by him for payment of arrears of salary and allowances at the revised rate. It also does not advert to the petitioner's claim for payment of surrender value of earned leave and grade promotion benefits. Since the entitlement of the petitioner for payment of revised salary with effect from 01.07.2004 is not in dispute and as the respondent has not so far paid the same to the petitioner, the petitioner is also entitled to payment of arrears and salary and allowances at the revised rates. 5. I accordingly dispose of this writ petition with the W.P.(C) No. 13999/09 3 following directions:- (1) The respondent shall within one month from the date of receipt of a certified copy of this judgment compute and pay arrears of salary and allowances to the petitioner for the period from 01.07.2004 to 28.02.2006 with reference to the stipulations in G.O.(MS).No.153/2007/Fin dated 07.06.2007. (2) The respondent shall, as soon as sanction is granted by the Deputy Director of Local Fund Audit, Ernakulam, disburse the arrears of revised pensionary benefits to the petitioner. This shall be done expeditiously and in any event within two months from the date on which sanction is accorded by the Deputy Director of Local Fund Audit, Ernakulam. (3) As regards the claim for payment of the surrender value of earned leave and grade promotion benefits, the petitioner may submit an appropriate representation before the Secretary, Corporation of Cochin. W.P.(C) No. 13999/09 4 (4) The Secretary, Corporation of Cochin shall thereupon take a decision in the matter, if necessary, by placing it before the Council. Final orders in the matter shall be passed within three months from the date on which such a representation is received by the Secretary, Corporation of Cochin. The writ petition is disposed of as above. No costs. P.N.RAVINDRAN JUDGE kkms/