Kerala High Court
State Of Kerala vs Avaneendranath.P on 22 August, 2025
2025:KER:63294
W.A No.1768 of 2018
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
FRIDAY, THE 22ND DAY OF AUGUST 2025 / 31ST SRAVANA, 1947
WA NO. 1768 OF 2018
AGAINST THE JUDGMENT DATED 27.11.2017 IN WP(C)
NO.31458 OF 2017 OF HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS 1, 2 AND 4 IN WPC:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME AND
VIGILANCE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001.
2 THE SECRETARY TO GOVERNMENT
FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001.
3 THE ACCOUNTANT GENERAL (A & E) INDIAN AUDIT AND
ACCOUNTS DEPARTMENT, KERALA M.G.ROAD,
THIRUVANANTHAPURAM, PIN-695039.
BY SRI.ANTONY MUKKATH, GOVERNMENT PLEADER.
RESPONDENTS/PETITIONERS AND 3RD RESPONDENT IN WPC:
1 AVANEENDRANATH.P
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2
(RETIRED JUDICIAL FIRST CLASS MAGISTRATE-I),
THAMARASSERY, KOZHIKODE DISTRICT, PERUMBADA HOUSE,
KODUVALLY, THALASSERY, PIN-670 101.
2 BALAKRISHNAN PADINHARATH
(RETIRED JUDICIAL FIRST CLASS MAIGSTRATE,
KUNNAMANGALAM, KOZHIKODE DISTRICT), VARADA, VIVEKANANDA
NAGAR, R.D. NAGAR P.O., KASARAGOD, PIN-671124.
3 THE HIGH COURT OF KERALA
ERNAKULAM, COCHIN-682031, REPRESENTED BY ITS REGISTRAR
(SUBORDINATE JUDICIARY).
BY ADV SRI.S.P.ARAVINDAKSHAN PILLAY
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
04.06.2025, THE COURT ON 22.08.2025 DELIVERED THE FOLLOWING:
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3
JUDGMENT
Sushrut Arvind Dharmadhikari, J.
The present intra-court appeal assails the judgment dated
27.11.2017 passed in WP(C) No.31458 of 2017 whereby the learned
Single Judge has disposed the writ petition directing the appellants
herein to refix the pensionary benefits on the basis of the last pay
drawn by respondents 1 and 2 in the post of Judicial First Class
Magistrate and to grant all consequential benefits based on such
re-fixation within a period of three months.
2. The appellants herein were the respondents 1, 2 and 4 in the
writ petition whereas respondents 1 and 2 were the petitioners.
3. The respondents, being aggrieved by the non-grant of
pensionary benefits reckoning the last pay drawn as
Munsiff/Magistrate, had approached this Court praying for the
following reliefs:
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i. Call for the records leading to Exts.P12, P13 and P14 and
quash them by the issuance of a writ of certiorari or any
other appropriate writ, order or direction.
ii. Declare that the petitioners are entitled to pension and
other retirement benefits including medical
reimbursement etc. based on the last рay drawn by them
as Judicial Magistrates of the First Class.
iii. Issue a writ of mandamus or any other appropriate writ,
order or direction directing the respondents to sanction
and disburse pension and other retirement benefits
including medical reimbursement etc. to the petitioners
based on the last pay drawn by them as Judicial
Magistrates of First Class with interest within a time limit
to be fixed by this Hon'ble Court; and
Iv. Grant such other reliefs as this Hon'ble Court deems fit
and proper in the circumstances of the case including the
costs of this Writ Petition (Civil).
4. Learned counsel for the appellants contended that in case of
temporary Munsiff/Magistrate, Rule 62 of KSR Part III, which was
amended as per G.O (P) No.95/2018/Fin dated 22.06.2018, provides
that pay drawn by an officer appointed as Temporary
Munsiff-Magistrate under Rule 9 of the Kerala Judicial Service Rules,
1991 shall not be treated as emoluments for pension and that in such
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W.A No.1768 of 2018
cases the pensionary benefits shall be finalised on the basis of the pay
drawn by him in the post in his parent department. The
respondents 1 and 2 retired from service on 31.05.2016 well before
issuing the above Government Order. Learned Single Judge has
wrongly disposed the writ petition which ought to have been
dismissed on this ground alone.
5. Per contra, learned counsel for respondents 1 and 2
submitted that the learned Single Judge was right in disposing the
writ petition inasmuch as the said Government Order was the subject
matter in identical writ petitions. This Court after considering the
case filed by Temporary Munsiff/Magistrate while they were on
deputation as in the case of respondents 1 and 2, had quashed the
Government Order to the extent it denies the benefits sought by the
respondents and directed sanction and disbursement of pension and
other retirement benefits. Learned Single Judge disposed the writ
petition based on identical judgments passed by this Court, Ext.P6 as
well as Ext.P9, by which the case of the respondents 1 and 2 is also
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governed. The said judgments have attained finality and the reliefs
have already been extended to the petitioners therein. In view of the
aforesaid, the writ appeal deserves to be dismissed.
6. Heard learned counsel on both sides. It is not in dispute that
the Government Order dated 22.06.2018 which came up for
consideration in other writ petitions has been set aside meaning
thereby there would be no applicability of the same in the case of
respondents 1 and 2. The issue raised in the writ petition already
stands answered in WP(C) No.21382 of 2009 and WP(C) No.36930 of
2016 as per judgments dated 11.03.2011 and 14.12.2016 respectively,
where similar issues have been dealt. Accordingly, we do not find any
error in the judgment passed by the learned Single Judge.
The writ appeal being bereft of merit and substance, is hereby
dismissed. However, the appellants are directed to refix and disburse
all the pensionary benefits to respondents 1 and 2 on the basis of
their last pay drawn as Munsiff/Magistrate, if not already
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implemented, within a period of three months from the date of
receipt of a copy of this judgment.
Sd/-
SUSHRUT ARVIND DHARMADHIKARI
JUDGE
Sd/-
SYAM KUMAR V.M
JUDGE
smp
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W.A No.1768 of 2018
PETITIONER ANNEXURES
ANNEXURE I TRUE COPY OF NOTIFICATION IN GO(P)
NO.95/18/FIN DATED 22.6.2018.
