IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 25TH AUGUST 2011 / 3RD BHADRA 1933 WP(C).No. 35616 of 2004(M) -------------------------- PETITIONER(S): --------------- 1. A.ABDUL GAFOOR KUNJU, RTD. SPECIAL GRADE EXECUTIVE ENGINEER P.W.D., DISTRICT PANCHAYATH DIVISION, KOLLAM, RESIDING AT CHEETHAZHA VALAKOTTU, THEKKEMURI, VALLIKUNNAM P.O. ALAPPUZHA. 2. M.RAJARATNAM, RTD. EXECUTIVE ENGINEER, P.W.D., BUILDING SUB DIVISION, VADAKKANCHERY, RESIDING AT KOYIPURATHU, MANAPPALLY NORTH P.O., KARUNAGAPPALLY TALUK, KOLLAM. BY ADV. SRI.T.GOPALAKRISHNAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY TO GOVERNMENT PUBLIC WORKS DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ACCOUNTANT GENERAL (A&E), BRANCH OFFICE, P.B.NO.507, KARUNAKARAN NAMBAIR ROAD, THRISSUR. BY G. P. SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 35616 of 2004(M) APPENDIX PETITIONERS' EXHIBITS: EXT.P1: TRUE COPY OF THE G.O.(MS)NO.43/96/PW&T DATED 9/2/1996. EXT.P2: TRUE COPY OF THE G.O.(MS) NO.46/98 DATED 20/6/98. EXT.P3: TRUE COPY OF THE JDUGMENT OF THIS HON'BLE COURT IN O.P.NO.36117/2000. EXT.P4: TRUE COPY OF THE REPRESENTATION SENT BY THE IST PETITIONER DATED 18/8/04. EXT.P5: TRUE COPY OF THE REPRESENTATION MADE BY IIND PETITIONER DATED 20/7/2004. EXT.P6: TRUE COPY OF THE G.O.(Rt)NO.282/04/PWD DATED 10/3/2004. RESPONDENTS' EXHIBITS: EXT.R1(a): TRUE COPY OF THE GO(MS)NO.54/03/PWD DATED 7.10.2003. // TRUE COPY // TKS P.S. TO JUDGE C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.35616 of 2004 ---------------------------- Dated 25th August, 2011 JUDGMENT The petitioners are retirees from the service of the Public Works Department. The prayer in this writ petition is for issuance of a writ of mandamus commanding the respondents to sanction and disburse the arrears of salary and other pensionary benefits due to the petitioners flowing from Ext.P2. The issues involved in this writ petition are squarely covered in favour of the petitioners by the decision of a Division Bench of this Court in W.A.No.2503 of 2005. In view of the said position, this writ petition is disposed of with a direction to the respondents to sanction and disburse the arrears of salary and other pensionary benefits payable to the petitioners based on their promotions effected under the 7 tire system introduced by the Public Works Department. The benefits shall be disbursed expeditiously, at any rate, within a period of three months from the date of receipt of a copy of this judgment. Sd/- C.T.RAVIKUMAR Judge TKS