IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 OP.No. 7333 of 1999(W) ---------------------- PETITIONER: ------------ 1. N.ALEXANDER, RETIRED 1ST GRADE DRAFTSMAN, RESIDING AT 2-SANTHI NAGAR, POLAYANTHODE, KOLLAM-1 AND CONVENOR, KERALA STATE SERVICE PENSIONERS' ACTION COUNCIL, STATE COMMITTEE, KOLLAM-1. 2. I.S.RAWTHER, RETIRED DEPUTY TAHSILDAR, PATTAZHI NORTH, CHELLIKUZHI.P.O., KOLLAM DIST. 3. P.K.KARTHIKEYAN NAIR, RETIRED JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, ATHIRA, THEKKUMBHAGOM PO, PARAVOOR, KOLLAM DIST. 4. E.SHAMSUDEEN, RETIRED ASSISTANT EDUCATIONAL OFFICER, RETIRED ASSISTANT EDUCATIONAL OFFICER, SHYLAJA MANDIRAM, PERUMPUZHA P.O., KOLLAM DIST. BY ADV. SRI.ELVIN PETER P.J. RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. BY GOVERNMENT PLEADER SMT.SMITHA SUKUMARAN THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 20/02/2008, THE COURT ON 20/02/2008 DELIVERED THE FOLLOWING: ORDER ON CMP NO.12333/1999 IN O.P. NO.7333/1999 DISMISSED: SD/-(C.N.RAMACHANDRAN NAIR, JUDGE.) 20.2.2008 SD/-(T.R.RAMACHANDRAN NAIR, JUDGE.) APPENDIX PETITIONERS' EXHIBITS: P1: TRUE COPY OF ORDER DT.25.11.98. P2: TRUE COPY OF STATEMENT REGARDING PRE-REVISED PENSION AND REVISED PENSION OF THE 1ST PETITIONER. P2(a): .DO. 2ND PETITIONER. P2(b): .DO. 3RD PETITIONER. P2(c): .DO. 4TH PETITIONER. P3: TRUE COPY OF REPRESENTATION DT.16.2.99 FILED BY 1ST PETITIONER-ACTION COUNCIL BEFORE THE GOVERNMENT. P4: TRUE COPY OF ORDER DT.4.4.2000. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR & T.R.RAMACHANDRAN NAIR, JJ. .................................................................... O.P. No.7333 of 1999 .................................................................... Dated this the 20th day of February, 2008. JUDGMENT C.N.Ramachandran Nair, J. The Government through Ext.P1 order provided for payment of gratuity and commuted value of pension attributable to pay revision with retrospective effect in instalments. During pendency of the O.P. a note was added to Rule 122 of Part III KSR introducing the Government Order in the Rule. Corresponding provision is made for commuted value of pension by Appendix-X of Part III of Rule 6 KSR. We do not think challenge against the amendment to the Rules should be considered in the case of the petitioners because all the petitioners have received gratuity as well as commuted value of pension in instalments during the pendency of O.P. We, therefore, close the O.P. However, since Association is a party, we leave it open to any aggrieved party to challenge the Rule if there is any grievance. C.N.RAMACHANDRAN NAIR Judge T.R.RAMACHANDRAN NAIR Judge pms