IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 WP(C).No. 12626 of 2009(W) ----------------------------------------- PETITIONER(S): ------------------------- K.ACHUTHAN NAIR, S/O. LATE KRISHNA PILLAI, AGED 78 YEARS, (RETD. JAIL WELFARE OFFICER GRADE I), ADVOCATE, 1/4646, P.M. KUTTY ROAD, ERANHIPALAM.P.O., KOCHIKODE-6. BY ADV. MR.BABU JOSEPH KURUVATHAZHA RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, DEPT. OF PRISONS, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE INSPECTOR GENERAL OF PRISONS, KERALA THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/05/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.12626 of 2009 -------------------------------------- Dated 22nd May, 2009 JUDGMENT Heard Sri.Babu Joseph Kuruvathazha, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Government Pleader appearing for the respondents. 2. By Ext.P7 order passed on 30.7.2008 the Government granted promotion to the petitioner as Superintendent of Central Prison with effect from 1.2.1983 subject to the condition that he would not be eligible for payment of arrears of salary and allowances. The grievance voiced by the petitioner in this writ petition is that by virtue of Ext.P7 order he is entitled to have his pensionary benefits revised and fixed and on the basis of that he stands promoted as Superintendent with effect from 1.2.1983. The petitioner has a further grievance that he should have been given notional promotion to the category of Superintendent with effect from 1.5.1982 instead of 1.2.1983 for the reason that his junior Sri.E.M.Narayana Kurup was promoted with effect from 1.5.1982. 3. The pleadings disclose that the petitioner has moved the Secretary to Government, Department of Prisons in Exts.P8 and P9 representations seeking implementation of Ext.P7 order in the matter WP(C).No.12626/2009 2 of payment of terminal benefits and also its modification in so far as it relates to the date of effect of the notional promotion. In my opinion, since the petitioner has already moved the Government in that regard, he should pursue the remedy available to him before the Government instead of seeking the intervention of this Court. I accordingly dispose of this writ petition with a direction to the Secretary to Government, Department of Prisons to consider Exts.P8 and P9 representations and take a decision thereon expeditiously and in any event within three months from the date on which the petitioner produces a certified copy of this judgment along with a copy of this writ petition. The Secretary to Government, Department of Prisons shall as an interim measure direct the competent authority to give effect to Ext.P7 by revising the pensionary benefits payable to the petitioner. The petitioner's claim for further enhancement of pensionary benefits will depend upon the outcome of Exts.P8 and P9 representations. P.N.RAVINDRAN Judge TKS