IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 WP(C).No. 3454 of 2008(J) ------------------------- PETITIONER: --------------- G.PARAMESWARAN PILLAI, PARAMESWARATHU HOUSE, MAMPARA (PO), CHERIYANAD VILLAGE, CHENGANNUR, (RETIRED WORKER GRADE II M.I.SECTION, CHENGANNUR). BY ADV. SRI.K.SASIKUMAR SRI.VIJESH KUMAR SRI.S.SREEDUTT RESPONDENT(S): --------------- 1. CHIEF ENGINEER, IRRIGATION & ADMINISTRATION, THIRUVANANTHAPURAM. 2. EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, CHENGANNUR. 3. ASSISTANT EXECUTIVE ENGINEER, MINOR IRRIGATION SUB DIVISION, CHENGANNUR. 4. ASSISTANT ENGINEER, MINOR IRRIGATION SECTION, CHENGANNUR. GOVERNMENT PLEADER SMT.SUDHA DEVI FOR R1 - R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.3454/08 PETITIONER's EXTS: EXT.P1: TRUE COPY OF LETTER DT.16.7.03 ISSUED BY THE 1ST RESPONDENT. EXT.P2: TRUE COPY OF PROCEEDINGS OF THE 3RD RESPONDENT IN THE ORDER NO.A1-10/2001 DT.17.12.2003. RESPONDENTS' EXTS: EXT.R1(A): TRUE COPY OF GOVT.ORDER NO.G.O.(P)NO.11/2000/IR.D.DATED 9.2.2000. EXT.R1(B): TRUE COPY OF ORDER, GO(P)NO.25/2002/WRD DTD.17.6.02. TRUE COPY T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.3454 Of 2008 ----------------------------------------------------- DATED THIS THE 20th DAY OF DECEMBER, 2010 J U D G M E N T The petitioner herein retired from service as a CLR Worker on 31.12.1999. He entered service of the Irrigation Department as a CLR Worker on 1.2.1970 and was absorbed into regular establishment as a Worker Grade II with effect from 27.6.1990. 2. The main prayer in the Writ Petition is for a direction to implement Exhibit P2 order and to disburse the petitioner all consequential arrears of service and pensionary benefits including arrears of pension expeditiously and for continued payment of the revised pension. 3. The petitioner's claim is based on G.O.(P) No.17/99/Ir.D. Dated 18.3.1999, wherein Government allowed Time Bound Higher Grade Promotion to the regularised CLR/SLR Workers counting their service prior to their absorption into regular service. The petitioner was directed to be given the benefit as per Exhibit P1 letter by the Chief Engineer, consequent upon which Exhibit P2 order was passed by the Assistant Executive Engineer. W.P.(C)No.3454/08 -2- 4. In the counter affidavit filed by the 1st respondent, it is stated that as per G.O.(P)No.11/2000/IRD dated 9.2.2000 and G.O.(P)No.25/2002/WRD dated 17.6.2002, the monetary benefit of such grade promotions will be with effect from 18.3.1999 only. The respective orders have been produced as Exhibit R1(a) and Exhibit R1(b). It is mentioned in paragraph 2 of the counter affidavit that in terms of the same, the petitioner is entitled to get monetary benefit of the above grade fixation only with effect from 18.3.1999. 5. Even though it is stated in paragraph No.3 of the counter affidavit that the petitioner denied to accept the back arrears from 18.3.1999, the learned counsel for the petitioner submitted that there was no occasion to refuse to receive the amount. 6. In the light of the above, the Writ Petition is allowed. There will be a direction to the 3rd respondent to compute the benefits due to the petitioner in terms of Exhibits P1, P2 and Exhibits R1(a) and R1(b) and disburse the benefits expeditiously including the service benefits as well as pensionary benefits. The pension and other retirement benefits should also be revised W.P.(C)No.3454/08 -3- accordingly. The arrears will be disbursed within a period of two months from the date of receipt of a copy of this judgment. T.R.RAMACHANDRAN NAIR, JUDGE. dsn