Retired Revenue Divisional Officer contested pension reduction orders. Court held issuing direction to inspect land did not violate land classification rules, quashing reduction and directing full pension payment.
Quashed Ext.P3 and Ext.P4 orders; directed respondents to pay withheld and continue full pension.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE ANTONY DOMINIC
TUESDAY, THE 3RD NOVEMBER 2009 / 12TH KARTHIKA 1931
WP(C).No. 28621 of 2007(G)
PETITIONER(S):
A.SASAN, S/O.ANTONY, AGED 60, RESIDING AT SCOT VILLA, THAIPARAMBIL VAZHICHERRY JUNCTION, CULLAN ROAD, ALAPPUZHA.
BY ADV. SRI.T.S.JOHN SRI.M.S.RADHAKRISHNAN NAIR
RESPONDENT(S):
GOVERNMENT PLEADER SRI. ANTONY MUKATH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX
Ext.P1. True copy of the instructions issued by the petitioner dated 2.7.2007.
Ext.P1(a) True copy of the readable copy
Ext.P2. True copy of the show cause notice dated 209.11.2005 of the Government.
Ext.P3. True copy of the Order G.O.(Rt).No.1284/07/RD dated 21.3.2007 of the Government.
Ext.P4. True copy of the Review Petition filed by the petitioner before the Hon'ble Secretary Revenue (D) Dept. Secretariat, Thiruvananthapuram dt.24.4.2007.
Ext.P5. True copy of the Order G.O(Rt).No.3213/07/RD dated 27.7.2007 of the Government.
// true copy //
P.A to Judge.
ANTONY DOMINIC, J.
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W.P.(C) NO.28621 OF 2007 (G)
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Dated this the 3rd day of November, 2009
J U D G M E N T
Petitioner is a retired Revenue Divisional Officer. He is challenging Exts.P3 and P5 orders issued reducing his pension as provided in Rule 59(b) Part III KSR.
WPC.No.28621/07
:2 :
direction converting the classification of the land as dry land. It is stated that there is violation of the provisions of the Kerala Land Utilisation Act. It is on this basis proceedings have been initiated and reduced the pension.
WPC.No.28621/07
:3 :
Accordingly the writ petition is disposed of quashing Ext.P3 and Ext.P4 and directing that the respondent shall pay the pension so far withheld from the petitioner and also continues to pay full pension to the Petitioner.
(ANTONY DOMINIC) JUDGE
vi/
3 issues framed by the court
Whether the petitioner violated land classification rules by issuing a direction to inspect land condition.
Whether the order reducing pension under Rule 59(b) Part III KSR is sustainable.
Whether the review petition rejecting pension reduction order is maintainable.
1 provisions across 1 enactments
A.SASAN
STATE OF KERALA
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
