High Court of KeralaWP(C)/18062/2005dismissed

M.C.Madhavan v. State Of Kerala

2015-02-20Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 20TH DAY OF FEBRUARY 2015/1ST PHALGUNA, 1936 WP(C).No. 18062 of 2005 (R) --------------------------------------- PETITIONER(S):

----------------------- M.C.MADHAVAN, (EX-REGISTRAR, HIGH COURT OF KERALA), "SUMANGALI", PALLIYIL LANE, KOCHI - 682 016.

BY ADVS.SRI.C.KOCHUNNY NAIR SRI.S.ARUN RAJ RESPONDENT(S):

-------------------------

1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, FINANCE (PENSION-B) DEPARTMENT, THIRUVANANTHAPURAM.

2. THE HONOURABLE THE CHIEF JUSTICE, REPRESENTED BY THE REGISTRAR GENERAL, HIGH COURT OF KERALA, KOCHI-682 031.

3. THE ACCOUNTANT GENERAL (A & E), KERALA, THIRUVANANTHAPURAM.

R1 & R3 BY SPECIAL GOVERNMENT PLEADER SRI.P.V.LONACHAN R2 BY ADV. SRI.B.UNNIKRISHNA KAIMAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-02-2015 ALONG WITH WP(C) NO.22871/2005 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

msv/

WP(C).No. 18062 of 2005 (R) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

-------------------------------------- EXT.P1: TRUE COPY OF ORDER DTD.4.8.1994 ISSUED BY THE SECOND RESPONDENT PERMITTING THE PETITIONER TO RETIRE FROM SERVICE AND ACCORDING ADMINISTRATIVE SANCTION FOR PAYMENT OF PENSIONARY BENEFITS TO HIM.

EXT.P2: TRUE COPY OF ORDER DATED 25.8.1994 ISSUED BY THE THIRD RESPONDENT ADMITTING THE PENSIONARY BENEFITS TO THE PETITIONER.

EXT.P3: TRUE COPY OF LETTER DTD.26.7.2004 GIVEN BY THE PETITIONER TO THE SECOND RESPONDENT.

EXT.P4: TRUE COPY OF LETTER DTD.14.3.2005 GIVEN BY THE SECOND RESPONDENT TO THE PETITIONER.

EXT.P5: TRUE COPY OF NOTIFICATION, SRO 1234/2004 DTD.23.11.2004, ISSUED BY THE FIRST RESPONDENT.

EXT.P6: TRUE COPY OF NOTIFICATION, SRO, 60/2005 DTD.18.1.2005, ISSUED BY THE FIRST RESPONDENT.

RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

A.MUHAMED MUSTAQUE, J.

***************************************************** W.P.(C) Nos.18062 & 22871 of 2005 ***************************************************** Dated this the 20th day of February, 2015

JUDGMENT

These writ petitions are filed by the retired employees from the judicial service for revision and re-fixation of pension in terms of Rule 62 Part-III of the Kerala Service Rules. The above Rule was amended retrospectively. The challenge regarding the amendment has been negatived by the Hon'ble Supreme Court upholding the validity in N.D.P.Namboodripad v. Union of India [2007 (2) KLT 248 (SC)].

In view of the above, these writ petitions are liable to be dismissed.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln