IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 3RD OCTOBER 2011 / 11TH ASWINA 1933 WP(C).No. 26215 of 2011(B) ------------------------------------ PETITIONER(S): ---------------------- P.K.VIJAYASUNDARAN NAIR, AGED 69 YEARS, S/O.K.A.KESAVA PILLAI, RESIDING AT PUTHIYAVEEDU, MURIPARAMBU, KORATTY P.O., PIN-689 308, THRISSUR DISTRICT. BY ADVS. SRI.A.T.ANILKUMAR SRI.P.DALBI EMMANUEL SRI.M.J.ABRAHAM SMT.SANGIMOL A.MENACHERY RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REP.BY SECRETARY PRINTING AND STATIONERY DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2. THE SECRETARY TO THE GOVERNMENT, HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 3. THE AUDITOR AND ACCOUNTANT GENERAL THIRUVANANTHAPURAM, PIN-695 001. R1 TO R3 BY GOVT. PLEADER SMT. N. SUDHADEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DS WP(C).No. 26215 of 2011(B) APPENDIX PETITIONER(S) EXHIBITS : EXHIBIT P1: PENSION ORDER NO.POL/PEN/613/BB/83-84/1453 DATED 6/1/2003 OF INDIAN AUDIT AND ACCOUNTS DEPARTMENT, THIRUVANANTHAPURAM. EXHIBIT P2: THE TRUE COPY OF THE G.O.(MS) NO.130/2011/RD DATED 28/2/2011, THIRUVANANTHAPURAM. EXHIBIT P3: THE TRUE COPY OF THE REPRESENTATION DATED 27/6/2011 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT. EXHIBIT P4: THE TRUE COPY OF THE REPRESENTATION DATED 17/8/2011. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ PA TO JUDGE DS K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 26215 OF 2011 ----------------------------------------------------------- Dated this the 3rd October, 2011. JUDGMENT The petitioner is a person who has retired from service on attaining superannuation on 29-2-2000 from the Kerala Books and Publications Society, Thrikkakara as a Supervisor. According to the petitioner, he had worked in the Police Department from 1963 to 1968, in the Government Press from 1968 to 1978 and from 1978 to 2000 in the Kerala Books and Publications Society. It was in the above circumstances that he retired from service. Though he has a total service of 37 years, only 15 years have been taken into consideration for computing his pensionary benefits. According to the petitioner, he is entitled to the benefit of the entire service of 37 years that he has put in and is entitled to be granted pension on the said basis. The petitioner relies on Ext.P2 Government Order by which a person in similar circumstances has been granted such a benefit. Therefore, the petitioner has submitted Ext.P3 representation before the third respondent for the grant of pension considering the entire period of his service. However, he complains that no orders have been passed thereon till date. WPC 26215/2011 2 2. I have heard the learned Govt. Pleader also. 3. Since Ext.P3 has already been submitted to the third respondent, which is pending before the said authority, I do not think it necessary to consider the merits of the contentions of the petitioner. It is sufficient that Ext.P3 is directed to be considered and disposed of on an early date. 4. This writ petition is accordingly disposed of directing the third respondent to consider the representation submitted by the petitioner, evidenced herein by Ext.P3 in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment. Sd/- K. SURENDRA MOHAN Judge jj P.S.to Judge WPC 26215/2011 3