IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 3RD MARCH 2009 / 12TH PHALGUNA 1930 WP(C).No. 6779 of 2009(R) -------------------------------------- PETITIONER(S): ------------------------ SANTHAKUMARI W/O. LATE SHRI. C.P.DAMODARAN NAIR, "MATHRUPADAM", PRASANTHI NAGAR, KANATTUKARA P.O., THRISSUR-680 011. BY ADVS. MR.K.RAMACHANDRAN MR.S.SREEDEV RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ACCOUNTANT GENERAL (A & E), O/O THE ACCOUNTANT GENERAL, M.G.ROAD, THIRUVANANTHAPURAM-39. 3. THE PRINCIPAL SECRETARY, HOME DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 4. THE REGISTRAR (SUBORDINATE JUDICIARY), HIGH COURT OF KERALA, ERNAKULAM. GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No.6779 of 2009 --------------------------------------------------- Dated this the 3rd day of March, 2009 JUDGMENT The petitioner is the widow of late Sri.C.P.Damodaran Nayar who was District Judge (Selection Grade). He retired from service on 15.1.1975. He was granted due pension. He died on 23.10.2002. After his death, the petitioner was drawing the family pension with effect from 1.11.2002. 2. Pursuant to the directions issued by the Hon’ble Supreme Court of India with regard to the implementation of the recommendations of the Shetty Commission, the Government had issued orders revising the pay scales and consequential pensionary benefits of judicial officers with effect from 1.1.1996 with monetary benefit with effect from 1.7.1996. Consequently, the Government had passed orders on 30.8.2006 revising the pension of retired judicial officers with effect from 1.1.1996. Accordingly, they are entitled to enhanced pensionary benefits irrespective of their date of retirement. Thereafter, the petitioner has filed Ext.P1 seeking to refix her husband’s pension and revision of the family pension. It is stated that she is entitled to have the pension refixed from 1.1.1996 till wpc: 6779 of 2009 2 31.10.2002 (date of death of her husband). She is therefore, entitled for revision of her family pension from 1.11.1996 – 31.10.2002 along with arrears. 3. The petitioner has also filed Ext.P2 representation. Since no orders have been passed so far, there will be a direction to the second respondent to consider and pass orders on Exts.P1 and P2 and take all steps to see that the grievance raised by the petitioner is redressed. Final orders shall be passed within a period of three months from the date of receipt of a copy of this judgment allowed as above. The writ petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE “It is stated that she is entitled to have the pension of her husband, late Sri.C.P.Damodaran Nayar re-fixed from 01/01/1996 till 31/10/2002 (date of death of her husband). She is also entitled for revision of her family pension from 01/11/2002 along with arrears” Vide order dated 23/03/2009 in I.A. No.4125/2009. sd/- Registrar(Judicial) bps