IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 30TH JUNE 2009 / 9TH ASHADHA 1931 WP(C).No. 211 of 2009(A) ----------------------------------- PETITIONER(S): ---------------------- A.SANTHAKUMARI AMMA, IST GRADE SURVEYOR, HIGHER GRADE, (RETIRED), SUPERINTENDENT OF SURVEY, NEDUMANGADE, EDAVILAKATHU HOUSE, PERUNGADAVILA P.O., NEYYATTINKARA. BY ADV. SMT.I.SHEELA DEVI RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. ACCOUNTANT GENERAL (A & E), ACCOUNTANT GENERAL'S OFFICE, THIRUVANANTHAPURAM. 3. DIRECTOR OF SURVEY & LAND RECORDS, THIRUVANANTHAPURAM. 4. THE DISTRICT/SUB TREASURY OFFICER, PENSION PAYMENT TREASURY,NEYYATTINKARA. R1 TO R4 BY GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 211/2009-A APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE JUDGMENT DATED 01/12/98 IN O.P. NO. 1458/90 OF THIS HONOURABLE COURT. EXT.P2: COPY OF THE JUDGMENT DATED 09/07/99 IN O.P. NO. 10447/94 OF THIS HONOURABLE COURT. EXT.P3: COPY OF THE G.O.(MS)NO.21/2000/RD DATED 13/01/2000 ISSUED BY THE GOVERNMENT. EXT.P4: COPY OF THE RE-OPTION SUBMITTED BY THE PETITIONER DATED 06/03/2000. EXT.P5: COPY OF THE GO(P)NO.545/2001 (98) FIN DATED 19/03/2001 ISSUED BY THE GOVERNMENT. EXT.P6: COPY OF THE ORDER NO.47786/PRU-2/00/FIN. DATED 16/03/2001 ISSUED BY THE GOVERNMENT. EXT.P7: COPY OF THE JUDGMENT IN W.A. NO. 105 OF 2005 DATED 26/05/2005 OF THIS HONOURABLE COURT. EXT.P8: COPY OF THE JUDGMENT IN S.L.P. OF THE HONOURABLE SUPREME COURT DATED 03/10/2005. EXT.P9: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT, DATED 24/12/2005. EXT.P10: COPY OF THE JUDGMENT IN WP(C) NO. 970 OF 2006 DATED 30/01/2006. EXT.P11: COPY OF THE ORDER NO.A7.3558/06 DATED 28/04/2006 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXT.P12: COPY OF THE COMMUNICATION NO.63229/E1/06/REV. DATED 16/12/2006 ISSUED BY THE DEPARTMENT OF THE REVENUE TO THE 3RD RESPONDENT. EXT.P13: COPY OF THE ORDER NO.A7.10821/06 DATED 13/3/2007 ISSUED BY THE 3RD RESPONDENT. EXT.P14: COPY OF THE JUDGMENT IN WP(C) NO. 19206 OF 2007 DATED 01/01/2008 OF THIS HONOURABLE COURT. EXT.P15: COPY OF THE INTERIM ORDER IN W.A. NO. 1397 OF 2008 DATED 14/07/2008 OF THIS HONOURABLE COURT. EXT.P16: COPY OF THE REPLY SUBMITTED BY THE PETITION BEFORE THE 2ND RESPONDENT DATED 21/07/2008. EXT.P17: COPY OF THE REVISED PENSION PAYMENT ORDER NO.P.16/1250069795/4/P/08/15/70042363/220 DATED 02/12/2008 ISSUED TO THE 4TH RESPONDENT. EXT.P17(a): COPY OF THE VERIFICATION REPORT NO.P.R.1250089795/P-16/4/1508037979 DATED 02/12/2008 ISSUED TO THE 3RD RESPONDENT BY THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. P.N.RAVINDRAN, J. ------------------------------------- W.P.(C) No.211 of 2009 -A -------------------------------------- Dated 30th June, 2009 JUDGMENT Heard Smt. I.Sheeladevi, the learned counsel appearing for the petitioners and Sri.Antony Mukkath, the learned Government Pleader appearing for the respondents. 2. The petitioner is a pensioner. She retired from service on 31.5.2003 while working as First Grade Surveyor. The petitioner entered service as Second Grade Surveyor on 13.2.1969. She was thereafter promoted to the category of First Grade Surveyor. When the petitioner was appointed as Second Grade Surveyor, she was placed in the scale of pay of Rs.90 - 190. At that point of time, only those Second Grade Surveyors who had passed the Higher Grade Surveyor Test were given the scale of pay of Rs.100-210. By Exts.P1 and P2 judgments, this Court held that all Second Grade Surveyors appointed in the scale of pay of Rs.90-190 are entitled to be placed in the scale of pay of Rs.100-210 with effect from the date on which they were appointed and are also entitled to payment of arrears of salary and allowances in the said scale of pay. Thereupon the Government issued Ext.P3 order dated 13.1.2000 in implementation of the directions issued by this Court in Exts.P1 and P2 judgments. W.P.(C) No.211/2009 -:2:- 3. In the meanwhile, the scale of pay of Second Grade Surveyors was revised from Rs.100 - 210 to Rs.240-445 in the 1973 pay revision and to Rs.350-580 in the 1978 pay revision. In view of these developments, the petitioners and others who are similarly placed, claimed an opportunity to exercise re-option pursuant to the 1973 and 1978 pay revisions. By Ext.P6 letter dated 16.3.2001, the Government directed that the beneficiaries of Exts.P1 and P2 judgments and Ext.P3 Government order are not entitled to exercise re-option. Ext.P6 was challenged in this Court in O.P.No.5925 of 2003 filed by persons similarly placed as the petitioners. By judgment delivered on 29.8.2003, the said original petition was allowed. The judgment of the learned single Judge was confirmed by Ext.P7 judgment delivered by a Division Bench of this Court. The Special Leave Petition filed therefrom by the State of Kerala was dismissed by the Apex Court by Ext.P8 order. 4. On coming to know of Ext.P7 judgment passed by this Court, the petitioner moved the Director of Survey and Land Records seeking the benefits flowing from the said judgment. She also submitted Ext.P9 representation before the Director of Survey ad Land Records along with others similarly placed. She thereafter filed W.P. (C) No.970 of 2006 in this Court. By Ext.P10 judgment delivered on W.P.(C) No.211/2009 -:3:- 30.1.2006, a learned single Judge of this Court directed the Director of Survey and Land Records to consider Ext.P9 and pass orders thereon. The Director of Survey and Land Records accordingly passed Ext.P11 order dated 28.4.2006. The Government thereafter sent Ext.P12 letter dated 16.12.2006 to the Director of Survey and Land Records wherein the Government took the stand that date of re-option cannot be extended beyond the date of effect of the subsequent pay revision order. Thereupon, persons similarly placed as the petitioner filed W.P. (C) No.19206 of 2007 in this Court. By Ext.P14 judgment dated 1.1.2008, a learned single Judge of this Court allowed the writ petitions with certain directions. Aggrieved thereby, the petitioners in W.P.(C) No.19206 of 2007 filed W.A. No.1397 of 2008. By Ext.P15 order passed in the said writ appeal, a Division Bench of this Court stayed the operation of Ext.P12 letter sent by the Government to the Director of Survey and Land Records. While matters stood thus, the Accountant General revised the pensionary benefits payable to the petitioner and directed recovery of excess amount already drawn by her. This writ petition was thereupon filed challenging Ext.P12 letter sent by the Government to the Director of Survey and Land Records and Exts.P17 and P17 (a) proceedings issued by the Accountant General. W.P.(C) No.211/2009 -:4:- 5. It is now brought to my notice that the Director of Survey and Land Records has issued a Circular dated 7.4.2009 pursuant to the judgment of this Court in O.P.No.5925 of 2003 and W.A.No.105 of 2005. When this writ petition came up for haring today, the learned counsel for the petitioner submitted that the respondents may be directed to re-examine the petitioner’s case in the light of the Circular dated 7.4.2009 issued by the Director of Survey and Land Records. In my opinion, as this writ petition was filed on 1.1.2009, long before the Circular dated 7.4.2009 was issued by the Director of Survey and Land Records, the respondents should reconsider the petitioner’s case in the light of the said Circular. 6. In that view of the matter, I allow this writ petition, quash Ext.P17 and P17 (a) and direct the Director of Survey and Land Records to re-examine the petitioner’s case in the light of the Circular dated 7.4.2009 issued by him and to pass orders thereon within three months from the date on which the petitioner submits an appropriate representation before him along with a certified copy of this judgment. The petitioner shall also be afforded a reasonable opportunity of being heard. The Director of Survey and Land Records shall, after orders are passed as directed above, communicate a copy thereof to the petitioner. Thereafter, the rights of parties will be W.P.(C) No.211/2009 -:5:- governed by the order passed by the Director of Survey and Land Records subject to the right of the petitioner to challenge the same in other appropriate proceedings if she is aggrieved thereby. P.N.RAVINDRAN Judge mn