IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 1ST JUNE 2010 / 11TH JYAISTHA 1932 OP.No. 5961 of 2001(I) ---------------------------------- PETITIONER(S): ------------------------ O.S.DIVAKARAN, RETD. DEPUTY SECRETARY, SUDHANJALY, DOOR NO.44/2876, TAGORE STREET, KOCHI - 17. BY ADV. SRI.P.K.MUHAMMED RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE COMMISSIONER AND SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY,THIRUVANANTHAPURAM. R1 BY GOVERNMENT PLEADER SRI. P.M.MANOJ R2 BY ADV. SRI.ALEXANDER THOMAS,SC,KPSC THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 01/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON C.M.P.NO.9861/2001 IN O.P.NO.5961/2001 I DISMISSED 1/06/2010 SD/- P.N.RAVINDRAN, JUDGE APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER G.O.(MS) 155/90 PASSED BY THE 1ST RESPONDENT DTD. 6/3/90. P2: COPY OF THE LETTER ADDRESSED BY THE 1ST RESPONDENT TO 2ND RESPONDENT. P3: COPY OF THE JUDGMENT IN O.P.NO.10484/91 PASSED BY THE HON'BLE HIGH COURT DTD. 9/02/98. P4: COPY OF THE JUDGMENT ON O.P.NO.6043/98 PASSED BY THE HON'BLE HIGH COURT DTD. 27/03/98. P5: COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER TO THE 1ST RESPONDENT DTD. 12/2/01. P6: COPY OF THE ORDER IN G.O.(RT) NO.4315/98 SANCTIONING PAYMENT DTD. 27/07/98. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss P.N.RAVINDRAN, J. ----------------------------------------- O.P.No.5961 of 2001 ----------------------------------------- Dated this the 1st day of June, 2010 JUDGMENT The issue raised in this writ petition is covered in favour of the petitioner by Ext.P3 judgment of this Court in O.P.No.10484 of 1991, that was given effect to and implemented by the Government by issuing Ext.P6 order dated 27-7-1998. The petitioner herein is similarly situated as the petitioner in O.P.No.10484 of 1991. Necessarily therefore, the stand taken by the Government in Ext.P2 cannot be sustained. In the result I allow the original petition, quash Ext.P2 and declare that the petitioner is entitled to receive payment of special pay at the rate of Rs.200/- per mensem during the period from 1-7-1988 to 28-2-1990. The competent authority among the respondents shall disburse the arrears of special pay at the aforesaid rate for the above mentioned period within three months from the date on which the petitioner produces a certified copy of this judgment before the Secretary to Government, Finance Department. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- O.P.No.5961 of 2001 ---------------------------- JUDGMENT 1st June, 2010