IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 WP(C).No. 37162 of 2004(Y) -------------------------- PETITIONER(S): ---------------------- A.M.SIVAN NAMBOOTHIRI, INSTRUCTOR GRADE II, (HIGHER GRADE), KOODIYATTOM, KERALA KALAMANDALAM, VALLATHOL NAGAR, THRISSUR 679 531. BY ADVS. SRI.C.P.SUDHAKARA PRASAD, SENIOR ADVOCATE SRI.ELVIN PETER P.J. SRI.S.RAMESH SRI.P.N.SANTHOSH SRI.S.D.ASOKAN SRI.NAVEEN. SRI. SUNIL T.G. SRI. ANTONY BENDICT. RESPONDENT(S): 1. THE KERALA KALAMANDALAM, REP. BY ITS SECRETARY, VALLATHOL NAGAR, CHERUTHURUTHY, THRISSUR. 2. THE CHAIRMAN, KERALA KALAMANDALAM, VALLATHOL NAGAR, CHERUTHURUTHY, THRISSUR. 3. STATE OF KERALA,REP. BY ITS SECRETARY, DEPARTMENT OF CULTURAL AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM. 4. THE DEPUTY DIRECTOR, DISTRICT LOCAL FUND AUDIT, O/O. THE DEPUTY DIRECTOR, DISTRICT LOCAL FUND AUDIT OFFICE, THRISSUR. BY ADVS. SRI.GEORGE POONTHOTTAM, SC,KALAMANDALAM FOR R1-R2 BY GOVERNMENT PLEADER SRI. P.M SANEER FOR R3 SRI.S.P.ARAVINDAKSHANPILLAY,KER.KALAMAN SRI.S.SUBHASH CHAND,SC,KALAMANDALAM UTY FOR R1-R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ds B.P.RAY, J. - - - - - - - - - W.P.C. NO.37162 OF 2004 - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of December, 2011 J U D G M E N T Petitioner has filed writ petition with the following prayers: “(a) issue a writ of certiorari calling for the records leading to Exts. P3, P4 and P5 and quashing the same. (b) issue writ of mandamus or other appropriate writ, order or direction restraining the respondent from re-fixing the pay of the petitioner and directing the respondents to pay the salary due to the petitioner ignoring Exts. P3, P4 and P5 including arrears thereon. (c) issue a writ of mandamus or other appropriate writ, order or direction declaring that the petitioner is not liable to refund the amount shown in Ext. P4. (d) issue a writ of mandamus or other appropriate writ, order or direction directing the respondents 1 and 2 to fix pensionary benefits of the petitioner taking into account the pay of the petitioner that was fixed prior to Exts. P3, P4 and P5 taking into service rendered by him in the category of Instructor Grade-I. (e) issue a writ of mandamus or other W.P.C.No.37162/2004 -2- appropriate writ, order or direction directing the first respondent to forward the pension papers of the petitioner to the Accountant General for sanctioning the pension of the petitioner forthwith.” 2. It is submitted at bar that in pursuance to interim order dated 22/11/2005, respondents have taken a decision not to recover any amount from the retiral benefits of the petitioner. It is also submitted that the entire amount of DCRG has been released to the petitioner. Therefore, the writ petitioner has become infructuous. It is accordingly dismissed as infructuous. B.P. RAY, JUDGE. ds