IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 3RD JANUARY 2008 / 13TH POUSHA 1929 OP.No. 4411 of 2001(A) ---------------------- PETITIONER: ------------ P.J. VARGHESE, S/O. JOHN VARGHESE, AGED 45 YEARS, RESIDING IN POOKKAMANNIL HOUSE, EDAPPAVOOR P.O., KOTTATHUR, PATHANAMTHITTA, KERALA-689 614,. BY ADV. SRI.P.J.JOSEPH SRI.GEORGE MATHEW RESPONDENTS: ------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS NORTH BLOCK, NEW DELHI, 2. THE PAY AND ACCOUNT OFFICER, CENTRAL PENSION ACCOUNTING OFFICE, MINISTRY OF FINANCE, GOVT. OF INDIA, TRIKOOT-2 COMPLEX, BHIKAJI CAMA PLACE, NEW DELHI-11- -66. 3. DIRECTOR GENERAL, BORDER SECURITY FORCE, BLOCK NO.10, C.G.O. COMPLEX, LODHI ROAD P.O., NEW DELHI -3. BY ADV. SMT.A.SREEKALA, ADDL.CGSC THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 03/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX EXHIBITS: P1-TRUE COPY OF PPO DATED 11/6/97 ISSUED BY R3 P2-TRUE COPY OF JUDGMENT IN OP NO.4808/98 DATED 9.10.98 OF THIS COURT P2(A)-TRUE COPY OF THE JUDGMENT IN OP 31022/99 DT.21.11.00 OF THIS COURT EXT.P3-TRUE COPY OF REPRESENTATION DT.20.1.2000 FILED BEFORE R3 P4-TRUE COPY OF ORDER DATED 31.1.2000 // TRUE COPY // P.S. TO JUDGE T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - O.P.NO.4411 of 2001-A - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of January, 2008. JUDGMENT The petitioner has approached this court seeking to quash Ext.P4 and to issue a writ of mandamus or any other appropriate direction commanding the respondents to refix the pension of the petitioner on the basis of Exts.P2 and P2(a) judgments, taking 30 years as qualifying service for the purpose of calculating pension. The petitioner is an ex employee of the third respondent. At the time of retirement on 31.3.1997, he had completed 23 years and 3 months service and a weightage of 5 years service as given under rule 48A of CCS (Pension) Rules and the total service was rounded to 28 ½ years of qualifying service for the purpose of calculating pensionary benefits. The contention raised by the petitioner is based on Exts.P2 and P2 (a) judgments. Now, it is brought to the notice of this court by the respondents that similar issue raised in other writ petitions which culminated in a decision of a Division Bench, was taken up in S.L.P. © No.836/2001 and the same stands allowed. Therefore, the said judgment will also govern the dispute that is raised herein. Since the point involved is decided against the petitioner, going by the judgment in the above S.L.P., no OP 4411/2001 -2- further reliefs can be granted in this original petition. Therefore, the same is dismissed. (T.R. Ramachandran Nair, Judge.) kav/ OP 4411/2001 -3- T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - O.P. No.4411 of 2001-A - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 3rd January, 2008.