IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 4TH DECEMBER 2009 / 13TH AGRAHAYANA 1931 WP(C).No. 21952 of 2009(L) -------------------------- PETITIONER(S): --------------- P.J.ANTONY, M.T.S.I (RETIRED),PANAPARAMBIL HOUSE, THEVARA POST,COCHIN,ERNAKULAM-682013, NOW RESIDING AT PANAPARAMBIL HOUSE, KATTATHARA ROAD,(INDIRAJI ROAD) MARADU POST,KOCHI-682304. BY ADV. SRI.T.R.RAJESH RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, FINANCE (PAY REVISION CELL-C),DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE ACCOUNTANT GENERAL (A & E), OFFICE OF THE ACCOUNTANT GENERAL, KERALA,THIRUVANANTHAPURAM. 3. THE COMMANDANT,K.A.P.IST BATALLION, R.V.PURAM,TRICHUR. MR.MOHAMMED FAZIL, GOVERNMENT PLEADER FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.21952/2009 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF GRATUITY PAYMENT ORDER OF R2 DATED 30/05/05 ADMITTING THE PENSIONARY CLAIMS OF THE PETITIONER. P2 : COPY OF REPRESENTATION DATED 14/10/2005. P3 : COPY OF JUDGMENT DATED 12/07/2007. P4 : COPY OF G.O.(Rt.) NO.3432/07/HOME DATED 14/12/2007. P5 : COPY OF OPTION DATED 11/09/2006. P6 : COPY OF REPRESENTATION DATED 09/01/2008 SUBMITTED BY THE PETITIONER BEFORE R3. P7 : COPY OF REPRESENTATION DATED 02/04/2009 SUBMITTED BEFORE R3. P8 : COPY OF COMMUNICATION DATED NIL.08/2009. P9 : COPY OF COMMUNICATION DATED 24/09/2009. P10 : COPY OF G.O. DATED 16/10/2008. P11 : COPY OF INTERIM ORDER DATED 15/10/2008 IN WPC NO.11226/2008. P12 : COPY OF JUDGMENT DATED 18/08/2008 IN WPC NO.22874/2008. // TRUE COPY // PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.21952 of 2009 (L) --------------------------------- Dated, this the 4th day of December, 2009 J U D G M E N T The petitioner, who retired as Sub Inspector (Driver) from the Police Department on 31/05/2005, has approached this Court for getting his terminal benefits disbursed. 2. During the pendency of this writ petition, terminal benefits at the pre-revised rates have already been disbursed and what remains to be disbursed is terminal benefits on the basis of the pay and allowances as revised based on the 8th Pay Commission Report, which was implemented with effect from 01/07/2005. 3. It is stated in the counter affidavit that the revised pensionary claims of the petitioner were not settled because Ext.P4 order, G.O.(Rt.) No.3432/07/Home dated 14/12/2007, was set aside by this Court in the judgment in WP(C) No.5039/2008, and directed the Government to reconsider the matter. It is stated that in compliance with the aforesaid directions, the Government have issued orders only on 16/10/2008 as per G.O.(Rt.) 3162/08/Home, WP(C) No.21952/2009 -2- a copy of this order is Ext.P10. 4. Now that, even according to the respondents, the delay has occurred in view of the challenge to Ext.P4, and the matter now stands concluded by Ext.P10, necessarily, the terminal benefits will have to be revised applying Ext.P10 Government Order referred to above and taking in to account the revision as implemented in the 8th Pay Commission Report. Therefore, this writ petition is disposed of directing the respondents to revised the pensionary claims of the petitioner based on the 8th Pay Commission Report and Ext.P10 Government Order referred to above. This shall be done as expeditiously as possible, at any rate, within three months of receipt of a copy of this judgment. Though, the petitioner has made a claim for interest, having regard to the uncertainty that was prevailing and also on account of the fact that dues at the pre-revised rate have already been disbursed, I am not inclined to give the same. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg