Kerala High Court
State Of Kerala vs Balakrishnan Nair P.K on 17 October, 2025
W.A.No 2292 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR.JUSTICE P. V. BALAKRISHNAN
FRIDAY, THE 17TH DAY OF OCTOBER 2025 / 25TH ASWINA, 1947
WA NO. 2292 OF 2025
(AGAINST THE ORDER/JUDGMENT DATED IN WP(C)NO.17002OF
2025)
APPELLANTS/RESPONDENTS IN WPC:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 ADDITIONAL CHIEF SECRETARY
HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
3 THE PRINCIPAL ACCOUNTANT GENERAL (A & E) KERALA
OFFICE OF THE ACCOUNTANT GENERAL, M.G. ROAD,
THIRUVANANTHAPURAM, PIN - 695001
4 THE SUB TREASURY OFFICER
PENSION PAYMENT SUB TREASURY, ERNAKULAM, PIN -
682011
5 ADDITIONAL CHIEF SECRETARY (FINANCE)
FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
BY SUNIL KUMAR KURIAKOSE(GOVERNMENT PLEADER)
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RESPONDENT:
BALAKRISHNAN NAIR P.K.
AGED 70 YEARS
S/O. KARUNAKARAN NAIR, RETIRED MEMBER - CHAIRMAN-IN-
CHARGE OF MUNNAR SPECIAL TRIBUNAL, MUNNAR, RESIDING
AT KRISHNANJANAM, KALOOR P.O., KOCHI, PIN - 682017
ADV.K.P.SATHEESAN(SR) FOR R1
ADV.P.MOHANDAS
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
15.10.2025, THE COURT ON 17.10.2025 DELIVERED THE
FOLLOWING:
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SUSHRUT ARVIND DHARMADHIKARI,
&
P.V.BALAKRISHNAN,JJ.
-------------------------------------
W.A.No. 2292 of 2025
---------------------------------
Dated this the 17th day of October 2025
JUDGMENT
P.V.BALAKRISHNAN,J
This writ appeal is filed by the respondents in W.P.(C)
No.17002 of 2025 challenging the interim order dated 02.05.2025
and the order dated 12.08.2025 passed in I.A.No.2/2025 seeking
vacation of the interim order dated 02.05.2025.
2. The writ petition was filed by the respondent herein
seeking quashment of Exts.P5,P6,P8,P9 and P10 and for declaration
that he is entitled to get 50% of the last drawn salary as pension
admissible to District Judge super time scale.
3. When the writ petition came up for admission on
02.05.2025, the learned Single Judge granted an interim order
directing the appellants/respondents to pay pension to the
respondent/petitioner, as ordered in Exts.P4 and P7. Subsequently,
the appellants/respondents filed I.A. No.2/2025 seeking to vacate
the interim order dated 02.05.2025. The learned Single Judge, by
order dated12.08.2025 dismissed the petition.
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4. Heard Adv.Sunil Kumar Kuriakose, the learned Government
Pleader appearing for the appellants and Adv.K.P.Satheesan(Sr.), the
learned counsel appearing for the respondent.
5. The learned counsel for the appellants contended that even
though the Rules did not provide that the Chairman and members of
the Munnar Special Tribunal will be entitled for pension, the
Government has, as a special case, granted pension to the
respondent as per Ext.P3 notification. He submitted that the
respondent is not entitled to get his pension revised, as in the case
of judicial officers, since there is no provision either in Ext.P3 or in
the Rules. He also submitted that the pension granted to the
respondent is the minimum pension, as a special case and also on a
condition that the same will not be treated as a precedent and,
therefore, he is not entitled to get his pension revised on the basis
of the subsequent pay revision. He argued that the Office of the
Accountant General issued Ext.P7 on a misunderstanding of the
provisions and the respondent is only entitled to pension as per
Ext.P6 verification report. He further contended that since the
question of the respondent's eligibility to get pension on revised
scales is yet to be decided in the writ petition, the granting of the
said benefit to the respondent during the pendency of the writ
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petition itself is not correct.
6. Per contra, the learned Counsel for the respondent
submitted that as per Ext.P3, the respondent has been granted
pension as applicable to a pay of a District Judge in the super time
scale and, therefore, he is entitled to the revised pension, as is
applicable to the Judicial Officers, and is eligible to draw 50% of the
last drawn pay as pension.
7. It is to be seen that as per the interim order dated
02.05.2025, the learned Single Judge has directed the appellants to
pay pension to the respondent as per Ext.P7 verification report. As
per Ext.P7, the pension of the respondent is seen revised to
Rs.56,025/- from the earlier amount of Rs.19,113/-. The core of the
contention raised by the appellants is that the respondent is not
entitled for revision of pension, alike the Judicial Officers, since, as
per Ext.P3, the case of the respondent was considered as a special
case and it does not provide for getting the benefit of revision. The
appellant also contends that there is no provision in the Rules
enabling the respondent to get revised pension and that Ext.P7 has
been issued mistakenly by the Accountant General. The question,
whether the respondent is entitled for revised pension as per Ext.P7
on the basis of subsequent pay revision, is yet to be considered and
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decided by the learned Single Judge in the writ petition. In such
circumstances, we are of the considered view that the learned
Single Judge ought not to have granted an interim order permitting
the respondent to avail the benefit of the revised pension as per
Ext.P7. At this juncture, we will also take note of the fact that the
appellants do not have any objection in the respondent drawing
pension as per Ext.P6. Ergo, we find that the impugned orders
cannot be sustained and are liable to be set aside.
In the result, this writ appeal is allowed and the order dated
02.05.2025 and the order dated 12.08.2025 in I.A.No.2/2025 in
W.P.(C) No. 17002 of 2025 are set aside. It is made clear that the
respondent will be entitled to draw pension, as specified in Ext.P6,
till the writ petition is decided.
Sd/-
SUSHRUT ARVIND DHARMADHIKARI
Judge
Sd/-
P.V.BALAKRISHNAN
Judge
dpk
