IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 WA.No. 63 of 2009() ------------------- AGAINST THE JUDGEMENT IN WPC.31673/2008 Dated 28/11/2008 .................... APPELLANT/PETITIONER: -------------- P.S.SREEKUMAR, SUB REGISTRAR, ETTUMANOOR (RETIRED), RESIDING AT CHANDRAKANTHAM, APTGC SKYLINE, ORCHID I, AYSWARYA LINE, MUTTAMBALAM P.O. KOTTAYAM-4. BY ADV. SRI.K.A.ABRAHAM SRI.BIJU MARTIN RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY, TAXES (E) DEPARTMENT (REGISTRATION WING), KERALA GOVT. SECRETARIAT, TRIVANDRUM 3. INSPECTOR GENERAL OF REGISTRATION, KERALA, TRIVANDRUM. 4. DISTRICT REGISTRAR (GENERAL), KOTTAYAM 5. THE ACCOUNTATN GENERAL (A & F), KERALA, TRIVANDRUM BY GOVT.PLEADER SRI.BENNY GERVASIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.K.ABDUL REHIM, JJ. ----------------------------------------- W.A. No.63 of 2009 ----------------------------------------- Dated this the 9th day of January, 2009 JUDGMENT Kurian Joseph,J. Appellant is the petitioner in the writ petition. Appellant approached this court aggrieved by the order passed under Rule 59(b) of Part III of the KSR reducing his pension by Rs.50/- per month. Ext.P8 is the impugned order. According to the appellant, in view of the intervening developments leading also to the dropping of the disciplinary proceedings initiated against the appellant it cannot be said that the service rendered by the appellant is not thoroughly satisfactory. We do not think that this court should go into those contentions at this stage since the appellant has an effective statutory remedy under Note 1 to Rule 59(b) of Part III of the KSR. 2. Under the above circumstances we set aside the judgment under appeal and relegate the appellant to pursue the statutory remedy referred to above. We make it clear that in the event of the appellant filing the review petition within a W.A. No.63 of 2009 -:2:- period of one month from today the same shall be treated to have been filed in time and thereafter the review petition will be disposed of expeditiously with notice to the appellant. The writ appeal is disposed of as above. (KURIAN JOSEPH, JUDGE) (C.K.ABDUL REHIM, JUDGE) ahg. KURIAN JOSEPH & C.K.ABDUL REHIM, JJ. --------------------------- W.A. No.63 of 2009 ---------------------------- JUDGMENT 9th January, 2009