STATE OF KERALA Vs. ANIE LUKOSE

JUDGEMENT

(1.) Leave granted.

(2.) This appeal arises out of the judgment dated 30.7.2018 passed in Writ Appeal No. 1513 of 2018 confirming the judgment dated 19.2.2018 passed by the learned Single Judge allowing the Writ Petition (C) No. 2573 of 2016.

(3.) The facts giving rise to the present appeal are that the respondent had retired as selection grade Lecturer on availing voluntary retirement w.e.f. 31.7.2006. His basic pension was fixed in the pre­revised scale at Rs. 8907/­ p.m.. Inadvertently, in the verification report, the basic pension was erroneously shown as Rs. 7138/­ p.m. (pre­revised). Thereafter, on revision in the scale of pay, it was enhanced to Rs. 11,127/­ and made effective from 1.1.2006. The fixation of the said basic pension was challenged in the earlier round of litigation in W.P. (C) No. 30847 of 2012. The High Court vide judgment dated 28.02.2013 held that the fixation of pension at Rs. 7138/­ was erroneous and his pension of Rs. 8907/­ (pre­revised) ought to have been taken into account at the time of revision of the pay and pension w.e.f. 1.1.2006. The said judgment has not been challenged and therefore became final. In view of the said fact, prayer was made in WP(C) No. 2573 of 2016 to fix the pension @ Rs. 8907/­ in pre­revised and Rs. 19333/­ as per revision of pay and pension of the appellant.