IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
WP(C) NO. 17682 OF 2022
PETITIONER:
THAMPI VARGHESE, AGED 62 YEARS, S/O K. M. VARGHESE,
ASSOCIATE PROFESSOR [RETD.], DEPARTMENT OF ZOOLOGY,
NEWMAN COLLEGE, THODUPUZHA RESIDING AT 'KURUPPUMADHOM,
VAZHAKULAM P. O., ERNAKULAM - 686670.
BY ADVS.
S.MUHAMMED HANEEFF
M.H.ASIF ALI
RESPONDENTS:
1 STATE OF KERALA, REP. BY ITS SECRETARY TO THE
GOVERNMENT, HIGHER EDUCATION DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM - 695001.
2 DIRECTOR OF COLLEGIATE EDUCATION
6TH FLOOR, VIKAS BHAVAN, VIKAS BHAVAN P. O.,
THIRUVANANTHAPURAM - 695 033
3 DEPUTY DIRECTORATE OF COLLEGIATE EDUCATION
SECOND FLOOR, CIVIL STATION, THRIKKAKARA,
KAKKANAD, ERNAKULAM - 682030.
4 THE PRINCIPAL,NEWMAN COLLEGE, THODUPUZHA NEWMAN
COLLEGE ROAD, MANGATTUKAVALA, THODUPUZHA,
IDUKKI- 685584.
5 THE ACCOUNTANT GENERAL (A & E)
OFFICE OF THE ACCOUNTANT GENERAL (A & E),
THIRUVANANTHAPURAM - 695001.
SMT ANIMA M - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 17682/22
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JUDGMENT
The petitioner impugns the revising and re-fixing of his pensionary benefits and says that, on account of an altered formula adopted, he stands on a lesser scale than the persons who are similarly placed, which scale he was drawing prior to such revision. He asserts that fixing of a cut-off date, so as to cause an anomaly in pension, thus reducing it to a scale below the persons who are identically situated, is an affront to the principles of equity and therefore, liable to be interfered.
2. Sri.S.Muhammed Haneef - learned counsel for the petitioner, submitted that the Government, through certain executive orders - which have been produced on record as Exts.P2 to P4, had ordered to revise the Pension/Family Pension of those who come under the University Grants Commission (UGC) Scheme and that this has now resulted in a situation where different scales of pension are attracted to those who retired on or after 01.06.2016. He argued that this classification is unreasonable and pointed out the case of a certain Sri.Joseph WPC 17682/22 3 Justin, who is similarly situated as his client, but drawing a higher pension on account of the afore inequity. He thus prayed that this Court declare that the classification brought through Exts.P2 to P4 are illegal and unlawful and that his client is entitled to be granted a higher scale of pension by stepping-it up to be on par with which is drawn by the aforementioned Sri.Joseph Justin and thus to allow the reliefs sought for in this Writ Petition.
3. Even when I hear the learned counsel for the petitioner on the afore lines, the fact remains that the petitioner has not yet approached the Government with any grievance or request that his pension be 'stepped-up', as has been prayed for in this Writ Petition. It is a fundamental principle that the petitioner can seek a judicial review only when his request is turned down by the Executive Authority. In the case at hand, the petitioner, admittedly, has not yet approached the Government and therefore, this Court is not in a position to forensically assess why Exts.P2 to P4 Government Orders were issued.
WPC 17682/22 4
4. I am, therefore, of the firm view that petitioner must first approach the Government through an appropriate representation, so that his requests can then be effectively considered; and if it is answered in his favour, he would have no grievance to be impelled before this Court.
In the afore perspective, I order this Writ Petition to the limited extent of leaving liberty to the petitioner to move an appropriate representation before the competent Authority of the 1st respondent - State of Kerala within a period of two weeks from the date of receipt of a copy of this judgment; and if this is done, said Authority will consider it, after affording him an opportunity of being heard; thus culminating in an appropriate order and necessary action thereon as expeditiously as is possible but not later than two months thereafter.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
WPC 17682/22
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APPENDIX OF WP(C) 17682/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE PENSION VERIFICATION
REPORT OF THE PETITIONER DT.
18.07.2016.
Exhibit P2 A TRUE COPY OF G.O.(P) NO.151/2020/FIN
DT. 05/11/2020.
Exhibit P3 A TRUE COPY OF GO(P)NO.157/2020/FIN DT.
19.11.2020.
Exhibit P4 A TRUE COPY OF G.O.(P) NO.38/2021/FIN
DT. 25/02/2021.
Exhibit P5 A TRUE COPY OF THE PENSION VERIFICATION
REPORT OF THE PETITIONER DT. 16/03/2022 ISSUED BY THE 5TH RESPONDENT.
Exhibit P6 A TRUE COPY OF THE VERIFICATION REPORT OF SHRI JOSEPH JUSTINE DT. 10/04/2018 ISSUED BY THE 5TH RESPONDENT.
Exhibit P7 A TRUE COPY OF THE RELEVANT PAGES OF PENSION PAYMENT ORDER OF SHRI JOSEPH JUSTINE.