IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 31ST JULY 2007 / 9TH SRAVANA 1929 OP.No. 38324 of 2002(K) ---------------------------------- PETITIONER: ------------------- P.P.MOHANAN, RETIRED CONFIDENTIAL ASSISTANT, "ANJALI", P.O. EDAKKAD, (VIA) WEST HILL, CALICUT DISTRICT. BY ADV. SRI.R.K.MURALEEDHARAN, SRI.R.PARTHASARATHY. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO FINANCE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SENIOR ACCOUNTS OFFICER, OFFICE OF THE ACCOUNTANT GENERAL (A & E), KERALA, THIRUVANANTHAPURAM. 3. THE DISTRICT/SUB TREASURY OFFICER, PENSION PAYMENT TREASURY, KOZHIKODE. BY GOVERNMENT PLEADER SMT. SMITHA SUKUMAR. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 31/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P. NO. 64624/2002 IN O.P. NO. 38324/2002 DISMISSED 31/07/2007. SD/- THOTTATHIL B.RADHAKRISHNAN, JUDGE. APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE COMMUNICATION FROM THE R.2. DTD. 23/01/2002. EXT.P.2: COPY OF THE COMMUNICATION BY THE R.2. DTD. 01/07/2002. EXT.P.3: COPY OF THE GOVT. ORDER DTD. 16/01/2002. EXT.P.4: COPY OF THE GOVT. ORDER DTD. 27/04/2002. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- O.P.No.38324 OF 2002 ------------------------------------------- Dated this the 31st day of July, 2007 JUDGMENT The date of retirement of the petitioner is indisputably before the date on which Ext.P4 came into play. Therefore, the new formulae brought in as per Ext.P4 cannot govern the case of the petitioner and hence, the impugned recovery of commuted value of pension as per Ext.P2 does not stand. Under such circumstances, this writ petition is to succeed. In the result, Ext.P2 is quashed. The writ petition is allowed as above. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb. ======================= THOTTATHIL B. RADHAKRISHNAN, J O.P.NO.38324 OF 2002 JUDGMENT 31st JULY, 2007. =======================