IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931 WP(C).No. 17243 of 2009(A) ---------------------------------------- PETITIONER(S): ------------------------ U.RAJAPPAN, S/O.THE LATE ACHUTHA PODUVAL, AGED 59 YEARS, PUBLIC WORKS OVERSEER, GRADE I, CORPORATION OF KOCHI (RETIRED), RESIDING AT UPPATH HOUSE, K.K.ROAD, CHALAKUDY, THRISSUR-680 307. BY MR.O.V.RADHAKRISHNAN, SENIOR ADVOCATE, SMT.REKHA VASUDEVAN, MR.K.RAMACHANDRAN, MR.ANIL PARATHARA. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF URBAN AFFAIRS, THIRUVANANTHAPURAM. 3. KALAMASSERY MUNICIPALITY, REPRESENTED BY ITS SECRETARY, KALAMASSERY, ERNAKULAM. 4. CHALAKUDY MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, CHALAKUDY. BY SR. GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2009 ALONG WITH WPC.NO.17244 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)Nos.17243 & 17244 of 2009 -------------------------------------- Dated 23rd June, 2009 JUDGMENT The petitioners are pensioners. They retired from service on 31.7.2005 and 30.11.2001 respectively. In these writ petitions, the petitioners challenge Ext.P12 order dated 21.5.2009 produced in W.P. (C)No.17243 of 2009 (Ext.P7 in W.P.(C)No.17244 of 2009) whereby the Government ordered reduction of their pension by Rs.200/= and Rs.100/= respectively per mensem for a period of five years invoking Rule 59(b) of Part III of the Kerala Service Rules. In the case of the petitioner in W.P.(C)No.17243 of 2009 the reduction of pension was proposed before retirement in a disciplinary action that was pending against him and in the case of the petitioner in W.P.(C)No.17244 of 2009, proceedings were initiated under Section 59(b) of Part III of the Kerala Service Rules after retirement. Note.I to Rule 59 of Part III of the Kerala Service Rules stipulates that the Government may review their orders if the affected employee makes a request within a period of three months from the date of the order. Since Rule 59 empowers the Government to review its own orders on the affected employee making a request in that regard and the period of three months fixed therein has not expired, I am of the opinion that the petitioners should WP(C).Nos.17243 & 17244 of 2009 2 move the Government in review before seeking the intervention of this Court. I accordingly dispose of these writ petitions with the direction that in the event of the petitioners moving the Government in review within one month from today, the Government shall consider the same and pass orders thereon after affording the petitioners a reasonable opportunity of being heard. Till then, the implementation of Ext.P12 order dated 21.5.2009 in W.P.(C)No.17243 of 2009 which is the same as Ext.P7 in W.P.(C)No.17244 of 2009 shall be kept in abeyance. The contentions of the petitioners on the merits are kept open. The petitioner in W.P.(C)No.17243 of 2009 has a further grievance that the DCRG sanctioned to him has not so far been disbursed. The petitioner in W.P.(C)No.17243 of 2009 retired from service on 31.7.2005. Nearly four years have passed thereafter. The respondents cannot therefore withhold payment of DCRG. I accordingly direct that if no order has been passed by the Government or any other authority till date, fixing any amount as his liability, the DCRG sanctioned to the petitioner in W.P.(C)No.17243 of 2009 shall be disbursed expeditiously and in any event within two months from the date of receipt of a certified copy of this judgment. The writ petitions are disposed of as above. P.N.RAVINDRAN Judge TKS