Dr.M.Santhamma vs State Of Kerala
2022 Latest Caselaw 10937 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   THURSDAY, THE 3RD DAY OF NOVEMBER 2022 / 12TH KARTHIKA, 1944
                       WP(C) NO. 14948 OF 2021
PETITIONERS:

    1     DR.M.SANTHAMMA, NISHA,
          ARATTUKULANGARA, EAST GATE, VAIKOM 686 141.

    2     PROF. V.J. ALEXANDER, VAZHAPARAMBIL HOUSE, KOZHA,
          KURAVILANGAD P.O, KOTTAYAM-686 633

    3     DR. K.K. MURALEEDHARAN,
          SHALIMAL, PALLIPURAM P.O, ALLEPPY 688 541.

          BY ADV MATHEW PHILIP EDAPPALLIL



RESPONDENT:

          STATE OF KERALA,
          REPRESENTED BY PRINCIPAL SECRETARY, FINANCE (PENSION B)
          DEPARTMENT SECRETARIAT, TRIVANDRUM-695 001

          BY ADV SMT.M.R.SREELETHA, SPL.GOVERNMENT PLEADER
          SRI.JOSHY THANNICKKAMATTAM-GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14948 OF 2021
                                      2


                                   JUDGMENT

Even though the petitioners seek a direction to the

respondent to issue orders granting them revised pension

with effect from 01.01.2016, as an alternative prayer, they

seek that the said respondent be directed to take up Ext.P5

series of representations and to dispose it of, within a time

frame to be fixed by this Court.

2. The afore request of the petitioners, as made by their

learned counsel Sri.Mathew Philip, were answered by

Sri.Joshy Thannickamattom - learned Government Pleader,

saying that if the petitioners only require Ext.P5 series of

representations to be taken up and disposed of by the

respondent, there does not appear to be any legal

impediment in doing so; but prayed that this Court may not

make any affirmative declarations as to their entitlement to

any relief and leave it to the competent Authority to take a

decision on it in terms of law.

3. Resultantly, I order this writ petition and direct the

respondent to take up and dispose of Ext.P5 series of

representations, after affording the petitioners an

opportunity of being heard and adverting to Exts.P7 and P8, WP(C) NO. 14948 OF 2021

as expeditiously as is possible, but not later than four months

from the date of receipt of a copy of this judgment.

Needless to say, if, after the afore exercise, the

petitioners are found entitled to benefits, the same shall be

disbursed to them within a period of three months thereafter.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 14948 OF 2021

APPENDIX OF WP(C) 14948/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE PHOTOCOPY OF JUDGMENT IN W.P.C 23144/2020 DATED 9.11.2020 BEFORE THIS HON'BLE COURT.

Exhibit P2 TRUE PHOTOCOPY OF GOVERNMENT ORDER NO.

G.O(P) NO 151/2020/FIN. DATED 5.11.2020 ALLOWING REVISION OF PENSION TO UGC TEACHERS.

Exhibit P3 TRUE COPY OF REPRESENTATION DATED 25.1.2021 REGARDING PAYMENT OF ARREARS FROM 1.1.2016.

Exhibit P4 TRUE PHOTOCOPY OF MEMORANDUM DATED 11.1.2021 BEFORE ANOMALY COMMITTEE.

Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 25.1.2021 TO ADDITIONAL CHIEF SECRETARY, FINANCE DEPARTMENT BY FIRST PETITIONER.

Exhibit P5(A) TRUE COPY OF THE REPRESENTATION DATED 25.1.2021 TO ADDITIONAL CHIEF SECRETARY, FINANCE DEPARTMENT BY SECOND PETITIONER.

Exhibit P5(B) TRUE COPY OF THE REPRESENTATION DATED 25.1.2021 TO ADDITIONAL CHIEF SECRETARY, FINANCE DEPARTMENT BY THIRD PETITIONER.

Exhibit P6 TRUE PHOTOCOPY OF GOVERNMENT CIRCULAR NO.

28/2021/FIN. DATED 19.3.2021 AUTHORISING PAYMENT OF ARREARS WITH EFFECT FROM 1.7.2019.

Exhibit P7 TRUE PHOTOCOPY OF GOVERNMENT NOTIFICATION NO. 13241-U-20/2019/SG(HE) DATED 06.11.2019 APPEARED IN ODISHA GAZETTE. WP(C) NO. 14948 OF 2021

Exhibit P8 TRUE COPY OF G.O. MS NO. 1 DATED 2.1.2020 OF GOVERNMENT OF TELENGANA.

Exhibit P9 TRUE COPY OF G.O.(P) 30/2021/FIN DATED 12.2.2021 OF FINANCE (PENSION-B) DEPARTMENT REGARDING REVISION OF PENSION OF GOVERNMENT EMPLOYEES.