VENUGOPALAN C K Vs. ACCOUNTANT GENERAL (A&E), KERALA
LAWS(KER)-2017-12-196
HIGH COURT OF KERALA
Decided on December 14,2017

Venugopalan C K Appellant
VERSUS
ACCOUNTANT GENERAL (AANDE), KERALA Respondents


Referred Judgements :-

STATE OF PUNJAB VS. RAFIQ MASIH [REFERRED TO]


JUDGEMENT

P.V.Asha, J. - (1.)The 1st and 2nd petitioners retired from service on 31.10.2007 and 31.5.2006 respectively, while working as Junior Superintendents in Judicial First Class Magistrate Courts in Kannur and Thalassery. The 3 rd petitioner retired from service on 30.06.2005 while working as Bench Clerk. They had rendered 30, 24 and 25 years of service respectively as on the date of retirement.
(2.)They were promoted as Bench Clerks from the post of U.D.Clerk. Bench Clerk was in the scale of pay of Rs.7990-12390, which was revised as Rs.8390-13270, as per G.O.(Ms).37/2009(121)/Fin. dt.17.1.2009, w.e.f 1.7.2004. As the petitioners had already retired from service, by the time the revision of pay was ordered, they submitted representations requesting for its benefit. Based on their request their pay and pensionary benefits were revised as per Exts.P1, P1(a) and P1(b) orders and payment was also effected as per these orders. While so, the Treasury Officers issued communications Exts.P2, P2(a) and P2(b) dt.11.9.2012, 10.10.2012 and 4.10.2012 respectively revising and reducing the pay fixed in the case of the petitioners. The petitioners thereupon challenged those orders in W.P(c).No.27757 of 2012 and this Court as per Ext.P3 judgment dated 6.1.2014 directed the 2nd respondent to pass fresh orders after issuing them show cause notice or after hearing the petitioners.
(3.)Thereafter, the 2nd respondent, after hearing the petitioners, issued Ext.P4 order on 17.3.2014 stating that the petitioners were not eligible for a fixation under Rule 28A of Part I KSR in view of paragraph 48 and clause 11 of Annexure III to the pay revision order issued on 25.3.2006. Even though the petitioners submitted a review petition, it was rejected by the 2nd respondent as per Ext.P5 order dated 13.10.2014. The petitioners submit that the action of the respondents in withdrawing the benefits given to them after their retirement is illegal and that they are entitled to get their pay and pension restored.


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