IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 25TH SEPTEMBER 2008 / 3RD ASWINA 1930 WP(C).No. 37230 of 2007(F) ---------------------------------------- PETITIONER: ---------------------- ROSEY.A.T., KOLLNOOKARAN HOUSE, NADATHARA P.O., TRISSUR, (RTD. HIGH SCHOOL ASSISTANT (HINDI). BY ADV. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) RESPONDENTS: -------------------------- 1. THE ACCOUNTANT GENERAL ( A & E), KERALA, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM. GOVERNMENT PLEADER SMT. T.R. REMANI FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.37230/2007 F APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PENSION PAYMENT ORDER NO.54758313 DTD. 25/07/2007 ISSUED BY THE 1ST RESPONDENT. EXT.P2: COPY OF THE NOTICE DTD. 1/09/2007 ISSUED TO THE 1ST RESPONDENT. EXT.P3: COPY OF THE LETTER DTD. 21/07/2007 SENT FROM THE 1ST RESPONDENT'S OFFICE TO THE 2ND RESPONDENT. EXT.P4: COPY OF THE PARTICULARS OF THE PETITIONER AS RECKONED IN P1 PENSION PAYMENT ORDER. EXT.P5: COPY OF THE STATEMENT OF PAY FIXATION IN TERMS OF G.O.(P) NO.145/2006/FIN. DTD. 25/03/2006. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).No.37230/2007 ----------------------------------------------------------- Dated this the 25th day of September, 2008 JUDGMENT The petitioner retired from the service as a HSA on 30.4.2006. Her pension has been sanctioned as per Ext.P1. But however, the pension benefits on the basis of the pay as revised have not been given. The reason as is seen from Ext.P3 is that, the service book of the petitioner has been misplaced in the office of the first respondent. The petitioner contends that, she is entitled to have pension calculated on the basis of her last drawn pay, which according to the petitioner, was Rs.11,070/-. 2. Respondents have filed a counter affidavit, in which they conceded that the service book was misplaced. However, it is stated in paragraph 4 that, the first respondent has on 15.2.2008 written to the Deputy Director WP(c).No.37230/07 2 of Education, Malappuram to forward revised pension proposals as per the Government Order dated 25.3.2006 based on the pay details available in the office of the Deputy Director of Education. It is also stated that the proposals are awaited for further process. 3. The fact remains that the petitioner has not been given the benefit of pay revision and this is conceded in the counter affidavit. The reason thereof is that the service book of the petitioner has been misplaced in the office of the respondent. It is in view of this that the first respondent asked for a revised pension proposals from the second respondent. 4. The situation is certainly the creation of the respondents themselves and they can solve the same only by making a revised pension proposal. This the second respondent has to do with due expeditious. Accordingly, the writ petition is disposed of directing that the second respondent shall make revised pension WP(c).No.37230/07 3 proposal so far as the petitioner is concerned giving the benefit of Government Order dated 25.3.2008, as expeditiously as possible and at any rate within 6 months of production of a copy of the judgment. The petitioner has yet another grievance regarding the non disbursal of benefits under the Family Benefit Scheme. This certainly is a matter for the 2d respondent to examine, which also shall be done without any further delay, on the production of a copy of the judgment. ANTONY DOMINIC JUDGE vi. WP(c).No.37230/07 4