IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 16135 of 2009(J)
1. K.RADHAMONY AMMA,
... Petitioner
2. V.V.MOHANAN,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. ACCOUNTANT GENERAL (A & E),
3. DIRECTOR OF SURVEY & LAND RECORDS,
For Petitioner :SMT.I.SHEELA DEVI
For Respondent : No Appearance
The Hon'ble MR. Justice K.P.BALANARAYANA MARAR
Dated :16/06/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C)No.16135 of 2009
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Dated 16th June, 2009
JUDGMENT
Heard Smt. I.Sheeladevi, the learned counsel appearing for
the petitioners and Smt.Anu Sivaraman, the learned Government
Pleader appearing for the respondents.
2. The petitioners are pensioners. They retired from service
on 30.04.1997 and 31.5.1999 respectively. The petitioners entered
service as Second Grade Surveyors on 15.06.1970 and 8.4.1970
respectively. They were thereafter promoted to the category of First
Grade Surveyor. When the petitioners were appointed as Second
Grade Surveyors, they were placed in the scale of pay of Rs.90 -190.
At that point of time, only those Second Grade Surveyors who had
passed the Higher Grade Surveyor test were given the scale of pay of
Rs.100-210. By Exts.P1 and P2 judgments, this Court held that all
Second Grade Surveyors appointed in the scale of pay of Rs.90-190
are entitled to be placed in the scale of pay of Rs.100-210 with effect
from the date on which they were appointed and are also entitled to
payment of arrears of salary and allowances in the said scale of pay.
Thereupon the Government issued Ext.P3 order dated 13.1.2000 in
WP(C).No.16135/2009 2
implementation of the directions issued by this Court in Exts.P1 and P2
judgments.
3. In the meanwhile, the scale of pay of Second Grade
Surveyors was revised from Rs.100-210 to Rs.240-445 in the 1973
pay revision and to Rs.350-580 in the 1978 pay revision. In view of
these developments, the petitioners and others who are similarly
placed, claimed an opportunity to exercise re-option pursuant to the
1973 and 1978 pay revisions. By Ext.P5 letter dated 16.3.2001, the
Government directed that the beneficiaries of Exts.P1 and P2
judgments and Ext.P3 Government order are not entitled to exercise
re-option. Ext.P5 was challenged in this Court in O.P.No.5925 of 2003
by persons similarly placed as the petitioners. By judgment delivered
on 29.8.2003, the said original petition was allowed. The judgment of
the learned Single Judge was confirmed by Ext.P6 judgment delivered
by a Division Bench of this Court. The Special Leave Petition filed
therefrom by the State of Kerala was dismissed by the Apex Court by
Ext.P7 order. Thereafter, the Director of Survey & Land Records
issued Ext.P8 circular dated 7.4.2009. The petitioners’ grievance is
that though they have filed Exts.P9 and P10 representations before the
Director of Survey & Land Records, claiming the benefits flowing from
Exts.P1, P2 and P6 judgments, Ext.P3 Government order and Ext.P8
WP(C).No.16135/2009 3
circular, till date orders have not been passed thereon. In this writ
petition, the petitioners seek a writ in the nature of mandamus,
commanding the respondents to extend to them the benefits flowing
from Exts.P1, P2, P6 and P7 judgments, Ext.P3 Government order and
Ext.P8 circular. They also seek a writ in the nature of mandamus,
commanding the Director of Survey & Land Records to consider and
pass orders on Exts.P9 and P10 representations within a time limit to
be fixed by this Court.
4. It is evident from the pleadings and the submissions
made at the Bar that what the petitioners seek is the benefits flowing
from Ext.P3 Government order and Ext.P8 circular issued by the
Director of Survey & Land Records. The petitioners have already
moved the Director of Survey & Land Records by submitting Exts.P9
and P10 representations claiming the said benefits. Since the Director
of Survey & Land Records is yet to take a decision in the matter, it will
be premature for this Court to go into the merits of the petitioners’
claims at this stage. In my opinion, the Director of Survey & Land
Records should initially consider the claim made by the petitioners in
Exts.P9 and P10 representations and take a decision thereon
expeditiously having regard to the fact that the petitioners retired from
service on 30.4.1997 and 31.5.1999 respectively.
WP(C).No.16135/2009 4
I accordingly dispose of this writ petition with a
direction to the third respondent to consider the request made by the
petitioners in Exts.P9 and P10 representations, in the light of Exts.P1,
P2 and P6 judgments of this Court, Ext.P3 Government order and
Ext.P8 circular issued by the Director of Survey & Land Records. Final
orders in the matter shall be passed within three months from the date
on which the petitioners produce a certified copy of this judgment
before the third respondent. It will be open to the petitioners to
supplement Exts.P9 and P10 representations by filing an additional
representation. The contentions of the petitioners on the merits are
kept open. The third respondent shall after orders are passed as
directed above, communicate copies thereof to the petitioners.
P.N.RAVINDRAN
Judge
TKS