IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 WP(C).No. 24474 of 2003(L) -------------------------------------- PETITIONERS: --------------------- 1. DR.V.SUDARSANAN, PROFESSOR (RETIRED), `CHANDRIKA', MANNUTHY P.O., THRISSUR. 2. DR.M.V.SUKUMARAN, PROFESSOR (RETIRED), SATHY BHAVAN, SAW MILL ROAD, THRISSUR-680 007. 3. DR.V.SATHIANESAN, PROFESSOR (RETIRED), `VAISHNAV', T.C.15/1945-2, VAZHUTHACADU, THIRUVANANTHAPURAM-14. 4. DR.A.RAMAKRISHNAN, PROFESSOR (RETIRED), `ANAND', SANTHI NAGAR, MANNUTHY P.O., THRISSUR. 5. DR.M.K.RAJAGOPALAN, PROFESSOR (RETIRED), `KARTHIKA', INDIRA NAGAR, MANNUTHY P.O., THRISSUR. 6. DR.E.MATHAI, PROFESSOR (RETIRED), TEETY HOUSE, MANNUTHY P.O., THRISSUR. 7. DR.K.CHANDRASEKHARAN, PROFESSOR (RETIRED), SARADA VIHAR, VELIYANNOOR ROAD, THRISSUR-21. 8. DR.C.K.VENUGOPALAN, PROFESSOR (RETIRED), `LAXMI', T.C.35/1465, PALIYAM ROAD, THRISSUR-680 001. 9. DR.K.RAMADAS, PROFESSOR (RETIRED), `POORNIMA', KANNANGATH LANE, THRISSUR. W.P.(C). NO.24474/2003-L: 10. DR.K.M.ALIKUTTY, PROFESSOR (RETIRED), HOUSE NO.T.C.13/1045, MANNUTHY P.O., THRISSUR. BY MR.K.P.DANDAPANI, SENIOR ADVOCATE. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, FINANCE (PAY REVISION CELL-C) DEPARTMENT, GOVERNMENIT SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA AGRICULTURAL UNIVERSITY, MAIN CAMPUS, VELLANIKKARA, THRISSUR, REPRESENTED BY ITS REGISTRAR. 3. THE COMPTROLLER, KERALA AGRICULTURAL UNIVERSITY, MAIN CAMPUS, VELLANIKKARA, THRISSUR. R1 BY GOVT. PLEADER MR. MUHAMMED FAIZAL, R2 & R3 BY ADV. MR.N.D.PREMACHANDRAN, SC, AGRL.UTY., THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.24474/2003-L: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER NO. GA/C2/10177/99 DTD. 02/03/2000 ISSUED BY THE GENERAL ADMINISTRATION DEPARTMENT OF THE KERALA AGRICULTURAL UNIVERSITY. EXT.P.2: COPY OF THE REPRESENTATION SUBMITTED BY THE P.1. TO THE R.3. DTD. 30/04/2000. EXT.P.3: COPY OF THE LETTER NO. PEN.A2/19155/2000 DTD. 03/02/2003 FROM THE R.3. TO THE P.1. EXT.P.4: COPY OF THE REPRESENTATION FROM THE P.1. TO THE R.3. DTD. 15/03/2003. EXT.P.5: COPY OF THE G.O.(P).NO.118/2001/(91)/FIN. DTD. 17/01/2001 OF THE GOVERNMENT OF KERALA, FINANCE (PAY REVISION CELL-C) DEPARTMENT. EXT.P.6: COPY OF THE DRAFT OF THE INDIVIDUAL REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE R.3. DTD. 19/05/2003. EXT.P.7: COPY OF THE LETTER NO. 49768/PRC.C3/2003/FIN. DTD. 27/06/2003 FROM THE PRINCIPAL SECRETARY(FINANCE), GOVERNMENT OF KERALA TO THE P.1. EXT.P.8: COPY OF THE LETTER NO. PEN.A2/16581/03 DTD. 08/07/2003 FROM THE R.3. TO THE PETITIONERS. EXT.P.9: COPY OF THE G.O.(P).NO.3001/98/FIN. DTD. 25/11/1998 OF THE GOVERNMENT OF KERALA, FINANCE (PAY REVISION IMPLEMENTATION) DEPARTMENT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. HARUN-UL-RASHID, J. ---------------------------------------- W.P.(C).No. 24474 of 2003 ---------------------------------------- Dated this the 27th day of March, 2009 JUDGMENT This writ petition is filed mainly for the following prayers. (i) to issue a writ of mandamus or other appropriate writ, order or direction declaring that Ext.P5 Government Order in so far as it denies commutation of pension to persons like the petitioners on the basis of revised pension is totally arbitrary and illegal and violative of Article 14 of the Constitution of India; (ii) to call for the records leading to the case and issue a writ of certiorari quashing Ext.P3 and similar orders issued by the 3rd respondent; (iii) to issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents to calculate the commuted value of pension on the basis of revised pay pursuant to Ext.P1 and disburse the same to the petitioners, within a period of one month therein, with interest at the rate of 18% per annum. (iv) issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents to calculate the DCRG amount at the revised pay effected pursuant to Ext.P1 subject to limit of Rs.2.80 lakhs and disburse the same to the petitioners within a period of one month therein with interest at the rate of 18% per annum 2. Petitioners are aggrieved by the denial of benefit of commuted W.P.(C) No.24474 of 2003 -2- value of pension and DCRG . They prayed to disburse the commuted value of pension and DCRG on the basis of revised pay scale. The question arises in this writ petition has been the subject matter in writ appeal No. 1432/2005 and connected cases. Ext.P5 Government order is under challenge herein. The same Government order is also considered by a Division bench of this Court in those cases and held that: We have already upheld the validity and also the retrospectivity given to the amended Rules. Since the amendments now hold the field with retrospective effect, we are of the view that the reliefs sought by the petitioners cannot be granted. 3. Since the matter is squarely covered the above said decision the petitioners are not entitled to any reliefs. This writ petition is dismissed (HARUN-UL-RASHID, JUDGE) es. HARUN-UL-RASHID, J. --------------------------- W.P.(C).No. 24474 of 2003 ---------------------------- JUDGMENT 27th March, 2009