IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 WP(C).No. 4047 of 2009(F) ------------------------- PETITIONER(S): --------------- K.RAMACHANDRAN, AGED 59,S/O.APPUKUTTY EZHUTHASSAN, KALLIVALAPPIL HOUSE,POST EZHUVANTHALA VIA NELLAYA, PALAKKAD DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENT(S): --------------- 1. THE STATE OF KERALAR,REP.BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ASST.EDUCATIONAL OFFICER,SHORNUR, PALAKKAD. 3. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD. 4. THE ACCOUNTANT GENERAL, OFFICE OF THE ACCOUNTANT GENERAL(A&E),THIRUVANANTHAPURAM. 5. THE HEADMASTER, ADLP SCHOOL, EZHVANTHALA PALAKKAD DISTRICT. BY GOVT.PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: HARUN-UL-RASHID, J. ---------------------------------------- W.P(C).No. 4047 of 2009 ---------------------------------------- Dated this the 6th day of February , 2009 JUDGMENT The petitioner is a retired Headmaster of A.D.L.P School Ezhuvanthala, Palakkad. He retired on superannuation on 31.3.2005. According to him, before retirement he has submitted his pension papers in time, but the disbursement of his pensionary benefits were got delayed. Subsequently the petitioner started receiving pension. According to the petitioner with effect from 1.7.2004 there is a pay revision and therefore the petitioner sought for re-fixation of his pay as well as his pension. The reason stated by the authorities is that there is anomaly in the fixation of pay of the petitioner earlier. This was the sole reason stated by the authorities in refixing his pay as well as pension and the delay caused in issuing pension. 2. This writ petition is filed for a direction commanding the 1st respondent to consider and dispose of Ext.P5 representation within a time frame to be fixed by this Court. Ext.P5 is dated 30.4.2008. Finding that there was no response, the petitioner send a reminder to Ext.P5 representation which is produced as Ext.P6. It is the case of the petitioner that the conduct of the respondents in pointing out the discrepancies intermittently calling upon the petitioner to refund the amounts every time, is causing great hardships and difficulties to him. The 1st W.P.(C) No. 4047 of 2009 -2- respondent has not considered Ext.P5 representation and no steps taken though the question requires immediate attention being a pension issue. 3. In the circumstances, I am of the view that the petitioner is entitled to reliefs sought for in this writ petition. Accordingly this Court issue direction to the 1st respondent to consider and dispose of Ext.P5 representation without any delay at any rate within a period of three months from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of this judgment and writ petition before the 1st respondent at the earliest. This writ petition is disposed of. (HARUN-UL-RASHID, JUDGE) es. HARUN-UL-RASHID, J. --------------------------- W.P.(C) No. 4047 of 2009 ---------------------------- JUDGMENT 6th February, 2009