IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 17TH SEPTEMBER 2008 / 26TH BHADRA 1930 WP(C).No. 10073 of 2004(Y) -------------------------- PETITIONERS: ---------------- 1. M.A. AHAMED, AGED 57 YEARS, S/O. KUNHI MOIDEEN MUSALIYAR (RETD.ARABIC TEACHER, G.L.P.SCHOOL KOOLERI, CHERUVATHUR SUB DISTRICT) P.O. VALAP, EDACHAKAI, THRIKARIPUR, KASARAGOD DISTRICT. 2. C.H. KARUNAKARAN, AGED 55 YEARS, S/O. A.V. APPA NAMBIAR, HEADMASTER (RETD.) G.M.L.P.SCHOOL, PAPPINISSERI, (RESIDING AT CHENICHERI HOUSE, P.O. AROLI, KANNUR-670 566). 3. V.V. JAYARAJAN, AGED 55 YEARS, S/O. V.K. PYATHAL, HEADMASTER (RETD.) G.L.P. SCHOOL, (RESIDING AT CHAKKADATH HOUSE, THALAMUNDA P.O., KOODALI-670 592). BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: ----------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT (EXPENDITURE) FINACE (PONSION-B) DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE ACCOUNTANT GENERAL (PENSION) P.B.NO.5607, M.G. ROAD, TRIVANDRUM. 3. THE ASSISTANT EDUCATIONAL OFFICER CHERUVATHUR, P.O. CHERUVATHUR, KASARAGOD DISTRICT. BY GOVERNMENT PLEADER SRI.T.T.MOHAMMED THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.10073/04 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE GO(P) NO.56/2002/FIN.OF THE GOVERNMENT. EXT.P1(a): TRUE COPY OF THE GO(P) NO.254/2002/FIN. OF THE GOVERNMENT. EXT.P2: TRUE COPY OF THE G.O.(P) NO.328/2003/FIN.OF THE GOVERNMENT. EXT.P3: TRUE COPY OF THE ORDER NO.P-15/REVN./32/BB/02-03/958 OF THE 1ST PETITIONER. EXT.P4: TRUE COPY OF THE ORDER NO.P-18/PEN.A/772/AD/02-03 OF THE 2ND PETITIONER. EXT.P5: TRUE COPY OF THE ORDER NO.P-02/PEN.A/1500/OK/02-03 OF THE 3RD PETITIONER. EXT.P6: TRUE COPY OF THE REPRESENTATION FILED BEFORE THE 1ST RESPONDENT BY 1ST PETITIONER. EXT.P7: TRUE COPY OF THE -DO- OF THE 2ND PETITIONER. EXT.P8: TRUE COPY OF THE -DO- OF THE 3RD PETITIONER. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. =============== W.P.(C) NO. 10073 OF 2004 Y ==================== Dated this the 17th day of September, 2008 J U D G M E N T Petitioners have retired from service on 30/6/2002, 30/4/2003 and 31/3/2003 respectively. In this writ petition, the prayer they have made is to quash Ext.P1(a) and to direct the 2nd respondent to sanction commuted value of pension as per the old formula without enforcing the formula adopted in Ext.P1(a). 2. During the pendency of the writ petition, 1st respondent has issued G.O.(P) No.23/05/Fin dated 12th of January, 2005, restoring commuted value of pension at the rates prevailing before 1/9/2002 with retrospective effect from 9.1.2002. As is evident from para 3, this Government Order also applies to those who have retired during the period from 9/1/2002 onwards. 3. Therefore, prima facie, all the petitioners will have to be regulated by the Government order referred to above. It is seen that praying for revision of the commuted value of pension, petitioners have filed Exts.P6, P7 and P8 before the 1st respondent and it is stated that orders have not been passed on these representations. WPC 10073/04 :2 : 4. Now that the representations referred to above are pending before the 1st respondent, the claim of the petitioners needs to be examined in the light of the Government order dated 12th January, 2005 referred to above. 5. The writ petition is hence disposed of directing that the 1st respondent shall consider and pass orders on Ext.P6, P7 and P8 in the light of the Government order dated 12th January, 2005. This shall be done, as expeditiously as possible, at any rate within 8 weeks of production of a copy of this judgment. Petitioner shall produce a copy of this judgment before the 1st respondent for compliance. ANTONY DOMINIC, JUDGE Rp