IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 17TH FEBRUARY 2009 / 28TH MAGHA 1930 WP(C).No. 3118 of 2009(U) ------------------------- PETITIONER: --------------- SATHYASEELAN.M., GRADE II WORKER ( RTD) MINOR IRRIGATION SECTION, BALARAMAPURAM, SANGEETHA NIVAS, MARKET JUNCTION, SANTHIVILA, NEMOM P.O. THIRUVANANTHAPURAM. BY ADV. SRI.VELLAYANI SUNDARARAJU RESPONDENTS: --------------- 1. THE ACCOUNTANT GENERALA (A & E) KERALA, THIRUVANANTHAPURAM. 2. THE SR.ACCOUNTANTS OFFICER, OFFICE OF THE ACCOUNTANT GENERAL (A & E) KERALA, THIRUVANANTHAPURAM. 3. THE SUB TREASURY OFFICER, PENSION PAYMANT TREASURY, NEYYATTINKARA. 4. THE CHIEF ENGINEER, IRRIGATION & ADMINISTRATION DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. P. NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.3118 of 2009 -------------------------- Dated this the 17th February,2009 J U D G M E N T The main prayer in the writ petition is for issuance of a writ of mandamus to grant the benefit of enhanced monthly pension as arrived at by the 1st respondent in Exhibit-P6 and for other reliefs. 2. The petitioner was a SLR worker from 15.1.1977 under the 4th respondent and he was regularised in service as Worker Gr.II as per order dated 18.2.2008 of the Chief Engineer, General (PWD). He was regularly absorbed with effect from 1.6.1987. He has SLR service from 15.1.1977 onwards. The petitioner was operating the Pump Houses in Vellayani Padasekharam and taking into account that aspect the SLR service from the date of joining was counted as complete years and 20 years Higher Grade was granted to him with effect from 15.1.1997 as per Exhibit-P1. W.P ( C) No.3118 of 2009 2 3. Petitioner retired from service on 31.8.2005 and he was drawing a total amount of Rs.6389/- as monthly salary. He was sanctioned his basic pension from 1.9.2005 onwards as Rs.1757/-, of which Rs.585/- was deducted towards commutation and the balance of Rs.1172/- plus D.R and C.V.P totalling Rs.2384/- was paid to him initially. 4. Exhibit-P5 is the Circular by which the benefits of VIIIth pay revision was ordered to be given. Subsequently, the basic pay of the petitioner was changed from 1.7.2004 onwards and his monthly pension was enhanced from 1.9.2005 onwards. He was also entitled to be granted enhanced DCRG. The same was also granted as per Exhibit-P6. The revised pension is Rs.3322/-. 5. Presently, he is aggrieved by Exhibit-P7 by which he was informed that revised pension is only Rs.2400/- and accordingly the family pension is also revised as Rs.2400/-. It was also stated that he was paid an excess amount of Rs.42,072/- and the proposal is to recover from the pension amount. By Exhibit-P8 enhanced W.P ( C) No.3118 of 2009 3 gratuity has been sanctioned. Aggrieved by Exhibit-P7, he has filed Exhibit-P9 before the 1st respondent. It is further submitted that no reasons have been shown as to why the pension was reduced. It is contended that he was laid up from August 2007 due to paralysis and that he is not receiving any pension. 6. In the light of the above facts, there will be a direction to the 1st respondent to consider and pass a speaking order on Exhibit-P9 within a period of six weeks from the date of receipt of a copy of this judgment. It is pointed out by the learned counsel for the petitioner that he has not received monthly pension from June 2007 and the pension book is being kept by the Sub Treasury Officer. Therefore, the 1st respondent will look into the matter and see that the admissible pension is disbursed from time to time without any delay. The writ petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.3118 of 2009 4 W.P ( C) No.3118 of 2009 5