IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 11TH MARCH 2011 / 20TH PHALGUNA 1932 WP(C).No. 21382 of 2009(R) -------------------------- PETITIONER: -------------------- K.V.RAMACHANDRAN, (RETIRED MUNSIFF, KOOTHUPARAMBA), "PARVANAM", KOVVAL, KANHANGAD SOUTH P.O., PIN-671 351. BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.PETER JOSE CHRISTO SRI.S.A.ANAND SRI.K.V.VIMAL RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO GOVT., HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 3. ACCOUNTANT GENERAL(A&E), KERALA, THIRUVANANTHAPURAM, PIN-695 039. 4. HIGH COURT OF KERALA, REP. BY THE REGISTRAR (SUBORDINATE JUDICIARY), ERNAKULAM, KOCHI, PIN-682 031. R1 TO R3 BY GOVERNMENT PLEADER SHRI.MUHAMMED FAZIL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ...2/- WP(C).No. 21382 of 2009(R) -2-- APPENDIX PETITIONER'S EXHIBITS EXT.P1:- COPY OF THE G.O(MS) NO.104/2006/HOME DATED 21.7.2006. EXT.P2:- COPY OF THE HIGH COURT ORDER NO.B1-25971/2006 DATED 2.8.2006. EXT.P3:- COPY OF THE HIGH COURT ORDER NO.B2-16171/2007 DATED 13.3.2007. EXT.P4:- COPY OF THE HIGH COURT ORDER NO.B2-64132/2008 DATED 13.6.2008. EXT.P5:- COPY OF THE HIS LETTER NO.GE 17/E/48887/746 DATED 18.9.2008 OF THE SENIOR ACCOUNTS OFFICER OF THE OFFICE OF THE ACCOUTNANT GENERAL (A&E), KERALA. EXT.P6:-.COPY OF THE VERIFICATION REPORT NO.PR.2100825612/ P-7/2/1008040685 DATED 15.12.2008 OF THE ACCOUTNANT GENERAL (A&E), KERALA, THIRUVANANTHAPURAM. EXT.P7:- COPY OF THE HIGH COURT ORDER NO.B3-5125/2008 DATED 30.1.2009. EXT.P8:- COPY OF THE REPRESENTATION DATED 3.1.2009 SUBMITTED BY THE PETITONER BEFORE THE ACCOUTNANT GENERAL (A&E), KERALA, THIRUVANANTHAPURAM. EXT.P9:- COPY OF THE LETTER NO.P7/II/APPLN.NO.1008040685/09-2010/87 DATED 10.6.2009 OF THE SENIOR ACCOUNTS OFFICER, OFFICE OF THE AG (A&E), KERALA, THIRUVANANTHAPURAM. EXT.P10:- COPY OF THE REPRESENTATION DATED 11.2.2009 SUBMITTED BY THE PETITIONER TO THE REGISTRAR(SUBORDINATE JUDICIARY) OF THIS HON'BLE COURT. EXT.P11:-.COPY OF THE LETTER NO.B3-5125/2007 DATED 18.3.2009 OF THE REGISTRAR (SUBOPRDINATE JUDICIARY). EXT.P12:-.COPY OF THE VERIFICATION REPORT NO.PR.2100829873/ P-10/1/1008046952 DATED 16.1.2009 OF THE SENIOR ACCOUNTS OFFICER, OFFICE OF THE A.G. (A&E), THIRUVANANTHAPURAM. RESPONDENT'S EXHIBITS:- NIL //TRUE COPY// P.A. TO JUDGE KRK S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P(C) No.21382 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of March, 2011 J U D G M E N T The petitioner, while working as a Head Clerk in the Chief Judicial Magistrate's Court, Kasaragod was appointed as temporary Munsiff-Magistrate by Exhibit P2 order from a panel approved by the Governor of Kerala, as per Ext.P1. He retired from service on superannuation, while working as Magistrate, Kuthuparamba. While working as temporary Munsiff, he was provisionally promoted by Exhibit P3 as Sheristadar in the Chief Judicial Magistrate's Court and was allowed to continue as temporary Munsiff, Kuthuparamba. He retired as such on 30.06.2008. He was sanctioned pension not based on the average emoluments, he was drawing during the last 10 months of his service based on the average emoluments calculated on the basis of the pay and allowance attached to the post of Munsiff-Magistrate, but only on the basis of pay applicable to the post of Sheristadar of the Chief Judicial Magistrate's Court. According to the petitioner, this is illegal. He would submit that similarly placed persons were sanctioned pension W.P.(C) No. 21382 of 2009 -2- as allowable to the post Munsiff-Magistrate. In this respect, petitioner submitted Exhibit P8 representation before the Accountant General (A&E) who rejected the same by Exhibit P9. It is under the above circumstances, petitioner has filed this writ petition seeking following reliefs:- “i. call for the records leading to Exts.P6, P7 and P9 and quash Exts.P6 and P7 to the extent objected to and Ext.P9 in full by the issuance of a writ of certiorari or any other appropriate writ, order or direction. ii. issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to sanction the petitioner pension and other retirement benefits based on the average emoluments calculated based on the emoluments attached to the post of Munsiff Magistrate drawn by him during the last 10 months of his service and disburse the monetary benefits consequent on it within a time limit to be fixed by this Hon'ble Court.” 2. Today, when the matter was taken up, learned Government Pleader has produced before me two communications, one from the Additional Chief Secretary to Government dated 10.01.2011 and another from the Principle Secretary(Finance) dated 11.03.2011 to the learned Advocate General. The first communication reads as follows:- “I am directed to invite attention to the petition cited. Shri.K.V.Ramachandran, Munsiff (Retired) has prayed in the writ petition to direct the respondents to sanction his pension and retirement benefits based on the average emoluments he had drawn during the last ten months of his service in the post of Munsiff to which he was officiated temporarily as per the Government Order cited. W.P.(C) No. 21382 of 2009 -3- Government have examined the case in consultation with the Finance Department and it is found that he is eligible for increment in the temporary post of Munsiff Magistrate as per Rule 33(a) of KSRs and as such there is no bar in reckoning the said period for pensionary benefits. Hence I am to inform you that the average emoluments in respect of Shri.K.V.Ramachandran for the purpose of computing the pensionary benefits can be calculated on the basis of emoluments drawn during the last 10 months that is by taking into account the pay drawn by him in the post of Munsiff Magistrates. The Accountant General (A&E), has already been given necessary instruction to recompute the petitioners pensionary benefits on the basis of emoluments drawn during the last 10 months that is by taking into account the pay drawn by him in the post of Munsiff Magistrate. The Registrar of High Court has also been directed to forward revised proposal to the Accountant General for computing the pensionary benefits in respect of Shri.Ramachandran, Munsiff (Rtd) based on the emoluments drawn by him during the last 10 months that is by taking into account the pay drawn by him in the post of Munsiff Magistrates. Therefore I am directed to draw your attention to the above stated facts which may be apprised to the Hon'ble Court as and when the case comes up for hearing.” The second communication dated 11.03.2011 reads as follows:- “Please refer to the above. I am to inform you that Government examined the case of Shri.K.V.Ramachandran and found that he is eligible for increment in the temporary post of Munsiff Magistrate as per Rule 33(a) of Part-I KSRs and as such there is not bar in reckoning the said period for pensionary benefits. Moreover the average (sic) emoluments of Shri.K.V.Ramachandran for the purpose of computing the pensionary benefits can be calculated on the basis of emoluments drawn during the last 10 months ie, by taking into account the pay drawn by him in the post of Munsiff Magistrate. It is also informed that the decision taken by the Home Department in Lr. No. 82269/C5/2009/Home, dated 10.01.2011 was with the concurrence of Finance Department.” W.P.(C) No. 21382 of 2009 -4- In view of the same, the only order to be passed in this writ petition is to direct the respondents to revise the pensionary benefits of the petitioner in accordance with the decision communicated as per the said two letters. This shall be done as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment. Consequently, Exhibit P9 is quashed. The writ petition is disposed of as above. Sd/- S. SIRI JAGAN JUDGE //TRUE COPY// P.A. TO JUDGE KRK