IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931 WP(C).No. 28253 of 2008(L) -------------------------- PETITIONER(S): --------------------- A.ABDUL RASAK, RESIDING AT KOKKATTU VEEDU, KALLIYODE, PANAVOOR.P.O, NEDUMANGADU, THIRUVANANTHAPURAM.(RETIRED IST GRADE SURVEYOR, SURVEY AND LAND RECORD). BY ADV. SRI.T.RAJASEKHARAN NAIR RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REP.BY ITS SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, SURVEY AND LAND RECORDS, THIRUVANANTHAPURAM. GOVT.PLEADER SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/11/2009, ALONG WITH WPC NO.21396/09 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.28253/08 APPENDIX PETITIONER'S EXHIBITS EXT.P1: A TRUE PHOTOCOPY OF GO(P) NO.615/96(110)/fIN, DATED 3.10.96 PASSED BY THE 1ST RESPONDENT. EXT.P2: A TRUE PHOTOCOPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT. EXT.P3: A TRUE PHOTOCOPY OF THE CIRCULAR ISSUED BY THE 2ND RESPONDENT. EXT.P4: A TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P5: A TRUE PHOTOCOPY OF the REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P6: A TRUE PHOTOCOPY OF the RECEIPT ISSUED SHOWING THE RECOVERY OF RS.15702 FROM THE DCRG OF THE PETITIONER. EXT.P7: THE TRUE COPY OF THE JUDGMENT IN WPC NO.7927/2003 PASSED BY THIS COURT. EXT.P8: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER. EXT.P9: A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) No. 28253 OF 2008 & W.P.(C) No. 21396 OF 2009 ===================== Dated this the 4th day of November, 2009 J U D G M E N T In these writ petitions, the challenge is against the re- fixation of pay of the petitioners. It is now pointed out by both sides that identical issues have been considered by this Court in the judgment in WP(C) No.17307/08 and connected cases, which were disposed of by judgment dated 24th of September, 2009 with the following directions: “In view of the elaborate discussion that I have undertaken, I consider it appropriate to encapsulate my conclusions, as hereunder: (1) The petitioners, who were not qualified to be appointed to the post of Technical Assistant, coming within the purview of the Special Rules for Kerala State (Survey and Land Records), were not entitled to be granted third time bound higher grade in the scale of pay applicable to a Technical Assistant, on completion of 25 years of service. (2) The petitioners were entitled to third time bound higher grade on completion of 25 years of service in the scale of pay immediately above the scale of pay as fixed in the revised orders, which is in consonance W.P.(C) No. 28253 OF 2008 & W.P.(C) No. 21396 OF 2009 :2 : with Clause 3(b)(vii) of G.O.(P)No.930/93. (3) The revision of the scale of pay and consequent revision of the pension being drawn by the petitioners as effected in the orders impugned in the present cases are upheld, subject to the directions issued hereunder: (a) The respondents are restrained from effecting recovery of any amounts, consequent upon the impugned re-fixation of pay and revision of pension, effected in the case of these petitioners till and inclusive of the date of this judgment. (b) The petitioners, in each one of these cases, may file a representation before the Government within two months from the date of receipt of a copy of this judgment, invoking Rule 7 of Part I of the KSR, and request the Government to exempt them from the re- fixation of pay and consequent revision of their pension and also to see that the pension originally fixed in each of their cases is continued. (c) The Government shall consider the representations filed by the petitioners sympathetically and in the light of the observations contained in this judgment on W.P.(C) No. 28253 OF 2008 & W.P.(C) No. 21396 OF 2009 :3 : humanitarian considerations and take a decision as early as possible. (d) It is made clear that the Government will be entitled to indicate, if they decide to accept the case of the petitioners, that the Government's decision need not be treated as a precedent in any other case. (f) The interim order in each one of these cases will continue to operate, till a decision is taken by the Government on the representations filed by the petitioners as aforementioned. (g) But, it is made clear that recovery for the period, subsequent to the date of this judgment, will abide by the decision to be taken by the Government as aforementioned. 2. Facts being identical, the petitioners are also eligible for the benefit of the aforesaid directions and it is so clarified. 3. In so far as WP(C) No.28253/08 is concerned, petitioner has a case that the amount mentioned in Ext.P6 viz., Rs.15,702/- has been withheld from his pension and that in view of this judgment, the said amount is to be disbursed. In the light of the judgment referred to above, if any amount is withheld, that is W.P.(C) No. 28253 OF 2008 & W.P.(C) No. 21396 OF 2009 :4 : liable to be disbursed. Therefore, there will be a direction to that effect. Writ petitions are disposed of as above. ANTONY DOMINIC, JUDGE Rp