IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 23RD DECEMBER 2009 / 2ND POUSHA 1931 WP(C).No. 3479 of 2005(L) ------------------------- PETITIONER(S): ------------------ K.P.MATHEW, KANNANKARA COTTATE, PADANAKKAD P.O., KASARAGOD DISTRICT.(RTD. WORKS SUPERINTENDENT, PUBLIC WORKS DEPARTMENT). BY ADV. SRI.P.K.SURESH KUMAR RESPONDENT(S): ------------------- THE STATE OF KERALA, REP. BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM. SR.GOVERNMENT PLEADER SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.3479/05 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF GO(P) NO. 38/90/PW&T DT.28.4.90 ISSUED BY THE ADDL.SEC.PUBLIC WORKS &TRANSPORT (J) DEPT. EXT.P2: TRUE COPY OF GO(RT) 1547/97/PWD DT 30.12.1997 ISSUED BY THE PUBLIC WORKS (A) DEPT, GOVT. OF KERALA. EXT.P3: TRUE COPY OF REPRESENTATION DT 11.5.1999 SUBMITTED BY THE PETITIONER. EXT.P4: TRUE COPY OF LETTER DT.10.9.2004 FROM THE CHIEF MINISTER'S PUBLIC GRIEVANCE REDRESSAL CELL TO THE PETITIONER. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 3479 OF 2005 (L) ===================== Dated this the 23rd day of December, 2009 J U D G M E N T On 15/11/1975, petitioner retired as a Works Superintendent from the Work Establishment of the PWD, after having rendered service till 60 years, which was then not a pensionable service. However, by Ext.P1 order dated 28.4.1990, the Government sanctioned minimum pension to employees like the petitioner. He claimed the benefit of Ext.P1 and by Ext.P2 order dated 30/12/97 minimum pension was sanctioned to the petitioner with effect from the date of Ext.P1 order. 2. However, misinterpreting Ext.P2, he was not granted minimum pension from the date of Ext.P1. He claimed arrears before the 1st respondent, which was turned down by Ext.P4 stating that Ext.P2 order sanctioning pension was only with prospective effect. It is challenging Ext.P4 and for a direction to the respondents to pay arrears of minimum pension for the period from the date of Ext.P1 order, the writ petition is filed. 3. Counter affidavit has been filed where respondents are seeking to justify Ext.P4. It is stated that in the absence of any WPC 3479/05 :2 : records to show that the petitioner had indeed applied for pension in 1990, Government is not in a position to sanction arrears of pension. This reasoning adopted by the respondents is totally unsustainable. Once the Government have recognised the entitlement of the employees like the petitioner by Ext.P1, he ought to have been paid from the date of Ext.P1. 4. Therefore, the writ petition is disposed of quashing Ext.P4 and directing the respondents to disburse the arrears of pension that is due to the petitioner for the period from 28/4/90 to 31/12/97. The amount shall be paid as expeditiously as possible, at any rate within 2 months of receipt of a copy of this judgment. ANTONY DOMINIC, JUDGE Rp