IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 WP(C).No. 30559 of 2008(K) ---------------------------------------- PETITIONER(S): ------------------------- P.R. GOVINDAN NAIR, HEAD SURVEYOR (RETIRED), O/O. SUPERINTENDENT OF SURVEY, NEDUNGANDOM, RESIDING AT MUKKITTOLIL HOUSE, KAKKAD.P.O VIA PIRAVAM. BY ADV. MR.RAJU K.MATHEWS RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. ACCOUNTANT GENERAL (A&E), ACCOUNTANT GENERAL'S OFFICE, THIRUVANANTHAPURAM. 3. DIRECTOR OF SURVEY & LAND RECORDS, THIRUVANANTHAPURAM. 4. SUB TREASURY OFFICER, SUB TREASURY, PIRAVOM. GOVERNMENT PLEADER MR.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.30559/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE JUDGMENT DT. 1.12.98 IN OP. 1458/90. P2:- COPY OF THE JUDGMENT DT. 9.7.99 IN OP. 10447/94. P3:- COPY OF THE GO(MS) NO.21/2000/RD DT. 13.1.2000 OF THE IST RESPONDENT. P4:- COPY OF THE GO(P) NO.545/01 (98) FIN DT. 19.3.01. P5:- COPY OF THE JUDGMENT DT. 26.5.05 IN WA. NO.105/05. P6:- COPY OF THE JUDGMENT DT. 3.1.08 IN WPC. NO.4522/07. P7:- COPY OF THE JUDGMENT DT. 1.1.08 IN WPC. 19206/07. P8:- COPY OF THE PENSION PAYMENT ORDER DT. 9.9.08. P8(a):- COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT ALONG WITH P8. P9;- COPY OF THE JUDGMENT DT. 6.2.09 IN WA. 1261/08. P10:- COPY OF THE CIRCULAR NO.A-7-14460/07 DT. 7.4.09 OF THE 3RD RESPONDENT. TRUE COPY P.S. TO JUDGE TSS P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 30559 of 2008 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 28th day of May, 2009 JUDGMENT Heard Sri. Raju K. Mathews, the learned counsel appearing for the petitioner and Sri. Antony Mukkath, the learned Government Pleader appearing for the respondents. 2. The petitioner is a pensioner who retired from service on 31-12- 2001. Long thereafter, Ext.P8 order was passed revising his pensionary benefits on the ground that the pay and allowances that he was entitled to draw is liable to be revised and reduced. By Ext.P8 (a) order the respondents also took steps to recover the excess pensionary benefits received by the petitioner. Exts.P8 and P8(a) are under challenge in this writ petition. 3. It is not in dispute that similarly situated persons had moved this Court which led to Exts.P6 and P7 judgments. Pursuant to the directions issued therein, the Director of Survey and Land Records has issued Ext-P10 circular. The learned counsel for the petitioner submits that the petitioner's case may be re-examined, in the light of Ext.P10 circular which was issued on 7-4-2009, after this writ petition was filed and the impugned orders were passed . 4. On going through the pleadings and after hearing the learned counsel on either side, I am of the opinion that the petitioner's case requires WPC 30559/08 2 to be re-examined, in the light of Ext.P10 circular. In that view of the matter, I allow this writ petition, quash Ext.P8 and P8(a) and direct the Director of Survey and Land Records to re-examine the issue, in the light of Ext.P10 circular and pass orders thereon after affording the petitioner a reasonable opportunity of being heard. This shall be done within three months from the date on which the petitioner produces a certified copy of this judgment before the Director of Survey and Land Records. The Director shall after orders are passed as directed above, communicate a copy thereof to the petitioner expeditiously. Thereafter, the rights of parties will be governed by the order passed by the Director of Survey and Land Records, subject to the right of the petitioner to challenge the same in other appropriate proceedings, if he is aggrieved thereby. P.N.RAVINDRAN, JUDGE. mn.