IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 4913 of 2007(I)
1. K.M.KOCHUNNI, S/O. KIZHAKKEVELI
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE ACCOUNTANT GENERAL (A & E),
3. THE SUB TREASURY OFFICER,
For Petitioner :SRI.S.SUBHASH CHAND
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice V.GIRI
Dated :12/09/2007
O R D E R
V. GIRI , J
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W.P.(C) NOS. 4913, 4934 & 4895 OF 2007
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Dated this the 12th day of September, 2007.
JUDGMENT
Common orders involved in these writ petitions. Therefore,
I dispose of by a common judgment. The petitioner in W.P.(C)
No. 4913/2007 retired on 31.05.1993 from the post of Additional
Director of Agriculture. The petitioner in W.P.(C) No. 4934/2007
retired on 30.09.1991 from the same post and the petitioner in
W.P.(C) No. 4895/2007 retired on 30.06.1993 also from the post
of Additional Director of Agriculture.
2. By Ext.P1 order the Government, while issuing orders
consequent to revision of existing scale of pay and pension
further directed that in respect of those who retired/expired prior
to 01.07.2004, the pension shall be revised from 01.04.2005 in
accordance with the principles laid down therein. Further
directions as regards the mode of revision and payment of
pension enabling the revision to be effectuated are also stipulated
therein. The writ petitioners approached this Court essentially
with a grievance that notwithstanding Ext.P1, revised pension has
W.P.(C) NOS. 4913, 4934 & 4895 OF 2007 : 2 :
not been disbursed to them. Ext.P4 application seeking the same
is still pending.
3. Counter affidavits have been filed in all these cases.
Paragraphs 9 and 10 of the said counter affidavit are extracted
hereunder.
“As submitted above the revision of around 3.5 lakh
pensioners on the basis of one rank one pension is
an Herculean task. The process of revision is not
easy as sought to be made out by the petitioner. It
is in fact very complicated and no other agency
except this office can do the work. Treasuries and
Banks do not have the necessary materials for
revising the pension. If the work of revision are
entrusted with the treasuries and banks, different
treasuries will adopt different methods for revision
thereby creating gross anomalies in the revision.
There will not be uniformity in the matter of revision
and it will create administrative chaos. Ultimately it
will delay the entire process. The Government after
considering all the above aspects in the correct
perspective have decided to entrust the matter of
revision to this office and the said decision is
perfectly justified on all counts.
It is respectfully submitted that the time sought
for upto 31.12.2007 to complete the entire process
is the barest minimum required under the existing
circumstances.”
Thus, there does not seem to be any dispute regarding the
petitioner’s eligibility for revised pension. The Government
W.P.(C) NOS. 4913, 4934 & 4895 OF 2007 : 3 :
essentially pleads administrative delay in processing all the
applications for revised pension in relation to approximately 3.5
lakhs pensioners.
4. I have heard the learned counsel for the petitioner and
the learned Special Government Pleader as well.
5. In the light of the stand taken in the counter affidavit, I
am of the view that the writ petitions can be disposed of directing
the Government to complete the process of revision of the
pension admissible to the petitioners in terms of Ext.P1
Government Order by 31.12.2007. It shall be so done. The
revised pension will be paid from the month following the month
when revision is finalised and the arrears from 01.04.2005 shall
be paid within three months thereafter.
The writ petition is disposed of accordingly.
V. GIRI, JUDGE.
rv
W.P.(C) NOS. 4913, 4934 & 4895 OF 2007 : 4 :