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Kerala High Court
Varghese V.E (Deceased) vs State Of Kerala on 20 February, 2026
W.P.(C) No.1072 of 2021 1
2026:KER:15413
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 20TH DAY OF FEBRUARY 2026 / 1ST PHALGUNA, 1947
WP(C) NO. 1072 OF 2021
PETITIONERS:
1 VARGHESE V.E (DECEASED)
AGED 73 YEARS
SON OF SRI CHERIAN EAPEN, VAZHAPPILLY HOUSE,
PAZHAMBALAKODE P.O., PALAKKAD, PIN-678 544.
2 MERCY CHARLEY
AGED 71 YEARS, W/O LATE VARGHESE V.E,
PURACKAL HOUSE, PUZHAMBALAKODE P.O.,
PALAKKAD, PIN : 678 544.
3 SUMI VARGHESE
AGED 48 YEARS, D/O LATE VARGHESE V.E.,
PURACKAL HOUSE, PUZHAMBALAKODE P.O.,
PALAKKAD, PIN : 678 544.
4 ANI VARGHESE
AGED 43 YEARS, D/O LATE VARGHESE V.E.,
PURACKAL HOUSE, PUZHAMBALAKODE P.O.,
PALAKKAD, PIN : 678 544.
5 REBECCA VARGHESE
AGED 42 YEARS, D/O LATE VARGHESE V.E.,
PURACKAL HOUSE, PUZHAMBALAKODE P.O.,
PALAKKAD, PIN : 678 544.
ADDL.P2 TO P5 ARE IMPLEADED AS LEGAL REPRESENTATIVES
OF DECEASED PETITIONER NO.1 AS PER ORDER DATED
29/10/2025 IN IA 1/2025 IN WP(C).
BY ADVS.
SRI.V.SURESH
SRI.G.SUDHEER
SRI.R.HARIKRISHNAN (H-308)
W.P.(C) No.1072 of 2021 2
2026:KER:15413
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE
GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAURAM, PIN-695 001.
2 THE PRINCIPAL SECRETARY (FINANCE),
FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
3 THE ACCOUNTANT GENERAL (A AND E),
KERALA, THIRUVANANTHAPURAM, PIN-695 039.
4 THE ADDITIONAL SUB TREASURY OFFICER,
VANCHIYOOR, THIRUVANANTHAPURAM.
5 THE HIGH COURT OF KERALA,
ERNAKULAM REPRESENTED BY THE REGISTRAR
(SUBORDINATE JUDICIARY).
BY ADVS.
SHRI.V.RAJENDRAN (SR.)
SRI.SOHAIL MOHAMMED ANSARY
OTHER PRESENT:
SPL GP FINANCE-P K BABU
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
20.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.1072 of 2021 3
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VIJU ABRAHAM, J.
.................................................................
W.P.(C) No.1072 of 2021
.................................................................
Dated this the 20th day of February, 2026
JUDGMENT
Petitioner has approached this Court seeking the following
reliefs:
"A] Issuing a writ of certiorari or such such other writ or order
as this hon'ble court deems appropriate quashing Ext. P8;
B] Declaring that Note 7 to Rule 62 KSR and Note 11 to Rule
63 KSR violate Ext. P6 judgment and are hence liable to be
struck down or quashed;
C] Issuing a writ of mandamus or such other writ or order as
this hon'ble court deems appropriate directing the 1st
respondent to revise the pension of the petitioner taking into
account his service as Munsiff-Magistrate at the time of his
superannuation and on the basis of the pay and allowances
drawn by him at such time of superannuation with effect from
1-9-2002.
D] Such other reliefs as this hon'ble court deems fit and
expedient to grant in the facts and circumstances of the
case."
2. The contention of the petitioner is that while working
as Sheristadar, District Court, he was appointed as Munsiff-Magistrate
(Temporary) under Rule 9 of the Kerala Judicial Services Rules, 1991.
Petitioner retired from service on superannuation on 31.08.2022 while he
2026:KER:15413
was serving in the post of Munsiff-Magistrate. The grievance raised by
the petitioner is that his pension was fixed in the post of Sheristadar,
whereas he is eligible for pension taking into account his service as
Munsiff-Magistrate at the time of his superannuation and on the basis of
the pay and allowances drawn by him at the time of superannuation with
effect from 01.09.2002. Petitioner submits that this issue was considered
by this Court in Ext.P6 judgment in W.P.(C) No.36930 of 2016, wherein
paragraph 3 reads as follows:
"3. The learned Government Pleader would submit, on
instructions, that going by Ext.P11 Government Order, which
has been subsequently issued, the petitioner is not entitled to
the benefits claimed.
The learned Counsel for the petitioner would rely on Exts.P7 to
P10 judgments of this Court, which, while considering an
identical issue, had held that in the absence of any repatriation
of persons who are on deputation to another service, and
where a person retired from the deputed post, the last pay
drawn by him in the deputed post, from which he retired would
have to be taken for the purposes of payment of pension and
other benefits. In the light of the aforesaid judgments and
finding that the case of the petitioner is identical, I allow the writ
petition by quashing Exts.P11, P15 and P18 to the extent they
deny the benefits sought for by the petitioner and direct the
respondents to sanction and disburse the pension and other
retirement benefits including medical reimbursement to the
petitioner based on the last pay drawn by him as per Ext.P13 in
the cadre of Judicial Magistrate of First Class. The respondents
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shall pass necessary orders in this regard, within a period of
two months from the date of receipt of a copy of this judgment. "
3. Both sides would submit that as per the judgment in
W.A.No.1768 of 2018 dated 22.08.2025, a Division Bench of this Court
has approved the findings in W.P.(C) No.36930 of 2016. Paragraph 6 of
the judgment in W.A.No.1768 of 2018 reads as follows:
"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 implemented, within a period of three months from
the date of receipt of a copy of this judgment."
A perusal of Ext.P8 order, which is impugned in this writ
petition, would reveal that the only stand taken by the Government is that
the case of the petitioner will be considered only after disposal of
W.A.Nos.1768 of 2018 and 1694 of 2018. It is seen that the said writ
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appeals are disposed of holding in favour of the persons like the
petitioner. Accordingly the petitioner is entitled to succeed. The writ
petition is disposed of directing the 1st respondent to revise the pension
of the petitioner taking into account his service as Munsiff-Magistrate at
the time of his superannuation and on the basis of the pay and
allowances drawn by him at such time of superannuation with effect from
01.09.2002. Necessary action in this regard shall be taken within an
outer limit of three months from the date of receipt of a copy of the
judgment.
Sd/-
VIJU ABRAHAM
JUDGE
cks
2026:KER:15413
APPENDIX OF WP(C) NO. 1072 OF 2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PENSION PAYMENT ORDER
NO.P-04/PENA/1257/OB/01-02/1552 DATED
13.02.2002 ISSUED BY3RD RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE GO(RT)
NO.2385/2010/HOME DATED 22.07.2010
ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED
03.07.2015 IN WPC NO.27842/2009 OF THIS
HONOURABLE COURT.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED
03.07.2015 IN WPC NO.24248/2009 OF THIS
HONOURABLE COURT.
EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED
27.11.2017 IN WPC NO.31458/2017 OF THIS
HONOURABLE COURT.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED
14.12.2016 IN WPC NO.36930/2016 OF THIS
HONOURABLE COURT.
EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED
23.01.2020 SUBMITTED BY THE PETITIONER
TO THE 1ST RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE REPLY
NO.C5/28/2020/HOME DATED 09.12.2020
ISSUED BY 1ST RESPONDENT TO THE
PETITIONER.
