IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 WP(C).No. 35671 of 2008(V) ------------------------------------ PETITIONER(S): ------------------------ 1. K.P.JOSEPH, AGED 57 YEARS S/O.LAE SRI MATHEW P. KARLOSE,RETIRED JOINT REGISTRAR, PUTHANPARAMBIL HOUSE KEEZHUKUNNU, KOTTAYAM -2. 2. S.VENUGOPALAN NAIR RETIRED JOINT REGISTRAR SREEVIHAR, GANDHIMUKKU, KOTTARAKKARA PO 691 506. 3. SMT. A. FATHIMAKUNJU RETIRED JOINT REGISTRAR, SURABHI, PILLAPPUZHA HARIPAD PO, ALAPPUZHA DISTRICT 690 514. 4. R.BALAN RETIRED JOINT REGISTRAR, THENGINAL VILA MUNDAPPALLI NORTH, PERINGANADU PO ADOOR, PATHANAMTHITTA. BY ADV. SRI.P.SANTHALINGAM (SR.) SRI.S.SHARAN SRI.S.RAJI KUMAR RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REP.BY SECRETARY TO GOVERNMENT, CORPORATE (A) DEPARTMENT SECRETARIATE, THIRUVANANTHAPURAM. 2. REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ----------------------------- W.P.(C) NO: 35671 of 2008 ----------------------------- Dated this 3rd day of December, 2008 JUDGMENT Heard Sri.S.Sharan, the learned counsel appearing for the petitioners and Smt.Anu Sivaraman, the learned Government Pleader appearing for the respondents. 2. The Petitioners are pensioners. They retired from service while they were working as Joint Registers in the Co-operation Department. In this writ petition the petitioners challenge Ext.P6 order dated 21-10-2008 passed by the State Government under Rule 59(b) of Part III of the Kearala State and Subordinate Services Rules reducing their pension permanently by Rs.150 per mensem. The petitioners submit with reference to the averments in ground D of the writ petition that they were associated with the functioning of the Labour Contract Society only for a limited period and that the decision taken by the Government to reduce their pension cannot therefore be sustained. The petitioners also submit that before Ext.P6 was passed they were also not heard in the matter. 3. Note (1) to Rule 59 (b) of Part III of the Kerala State and Subordinate Services Rules stipulates that the Government may review their orders if the pensioner makes a request in that regard within a period of three months from the date of the order reducing wpc:35671 of 2008 2 pension. In the instant case the order reducing the pension was passed on 21-10-2008. The period of three months stipulated in Note 1 has not yet expired. Further Ext.P6 does not disclose that the contentions set out by the petitioner in ground D of the Writ Petition were considered by the Government. In these circumstances, I am of the opinion that the petitioners should move the Government seeking a review of Ext.P6. The petitioners shall within one month from today submit an appropriate petition before the Government seeking a review of Ext.P6. The Government shall within three months thereafter hear the petitioners and pass appropriate orders thereon after affording the petitioners an opportunity of being heard. It is clarified that I have not pronounced upon the merits of the contentions raised by the petitioners and that if they are aggrieved by the order passed by the Government on review, it will be open to them to challenge Ext.P6 and also the order passed on the review petition in other appropriate proceedings. P.N.RAVINDRAN, JUDGE