IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 WP(C).No. 2492 of 2010(J) ------------------------- PETITIONER(S): --------------- J.SASIDHARAN,AGED 56 YEARS, S/O.JANARDHANAN,CHITHIRA,KATTAYIKONAM.P.O, THIRUVANATHAPURAM.(RETIRED AS IST GRADE SURVEYOR- DEPARTMENT OF SURVEY AND LAND RECORDS). BY ADV. SRI.T.RAJASEKHARAN NAIR RESPONDENT(S): 1 ---------------- 1. THE STATE OF KERALA,REPRESENTED BY ITS SECRETARY,REVENUE DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR,SURVEY AND LAND RECORDS, THIRUVANANTHAPURAM. 3. THE SPECIAL TAHSILDAR,LAND ACQUISITION OFFICE,AIR PORT,THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT. ANU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C) NO. 2492 OF 2010 -------------------------------------------- Dated this the 27th day of January, 2010 JUDGMENT The petitioner is a retiree from the Department of Survey and Land Records. For redressing his grievance with respect to fixation of pay and pensionary benefits in the scale of pay of Rs.100-210, the petitioner had earlier approached this Court, along with others, by filing O.P. No.2315 of 2002. That Original Petition was disposed of as per Ext.P1 judgment with a direction to the respondents to grant the petitioners therein the benefits of re-option, as requested by them, relying on a judgment of a Division Bench of this Court in W.A. No.439 of 2005 and connected cases. In compliance with the direction in Ext.P1 judgment, the matter was looked into by the respondents and Ext.P3 proceedings was issued by the third respondent. According to the petitioner, in the light of Ext.P3, he is entitled to get the benefit of re-fixation of pay and consequential benefits. 2. Ext.P3 would reveal that the petitioner is entitled to the benefit of re-fixation of pay only for the purpose of pensionary benefits. There W.P.(C) NO. 2492/2010 2 was also a direction in Ext.P3 proceedings to recover, from the DCRG of the petitioner, an amount of Rs.5,340/-, being the excess pay and allowances drawn by him with effect from 7.3.2002. Learned counsel for the petitioner submits that in view of the judgment in W.P.(C) No.7404 of 2006, passed placing reliance on the common judgment in W.P.(C) No.15000 of 2007, the respondents cannot effect any such recovery. In short, according to the petitioner, in the light of Ext.P3, he is entitled to get the arrears of pensionary benefits, consequent to re-fixation of pay and also an amount of Rs.5,340/-, which has already been recovered from him, as is evident from Ext.P4 chalan. 3. Since, the petitioner is entitled to get the benefits of re-fixation of pay for the purpose of pensionary benefits, in the light of Ext.P3, there is no reason to delay the grant of such benefits to him. Therefore, there shall be a direction to the second respondent to take appropriate steps for disbursement of the aforesaid benefit to the petitioner as expeditiously as possible, at any rate within a period of two months from the date of receipt of a copy of this judgment. With regard to the claim of the petitioner for refund of the amount of Rs.5,340/-, the petitioner shall produce a copy of the judgment in W.P.(C) No. 7404 of 2006 before the said authority, in W.P.(C) NO. 2492/2010 3 which event, the second respondent shall take appropriate steps for refund of the amount, within the aforesaid period. The Writ Petition is disposed of as above. (C.T. RAVIKUMAR, JUDGE) sp/ W.P.(C) NO. 2492/2010 4 C.T. RAVIKUMAR, J. W.P.(C) NO. 2492/2010 JUDGMENT 27th January, 2010 W.P.(C) NO. 2492/2010 5