P.K.PRABHAKARA KURUP Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner retired as Selection Grade Lecturer in Zamorin's Guruvayurappan College, Kozhikode on 31/5/1996. The writ petition concerns the claim for commutation of a portion of his pension on the basis of the revised pension ordered in Ext.P9 Government Order and for a declaration that he is entitled to get the enhanced DCRG at Rs.2.80 lakhs ordered therein.

(2.) The petitioner entered service as a Junior Lecturer in Commerce on 8/9/1969 in the above college and later obtained various promotions and fixations of pay from time to time. On implementation of the University Grants Commission Scheme 1986 by various Government Orders the petitioner was brought under the said Scheme. He continued as Lecturer (Selection Grade) till his retirement on superannuation on 31/5/1996 after putting 33 years, 4 months and 14 days of qualifying service. The proceedings Exts.P7 and P8 are the letters admitting pension, sanctioning the commuted value of pension and gratuity payment order. Therein, the DCRG admitted is Rs.80,000.00 and the commuted value of pension granted is Rs.1,12,785.00. The amount of pension admitted is Rs.2469.00.

(3.) The various disputes raised in this writ petition emanates from the pay revision orders issued by the State Government to Government employees as per G.O.(P) No.3000/98/Fin dtd. 25/11/1998 which was followed by Ext.P9 Govt. Order, whereby the pension and other retirement benefits of the Government employees were revised from 1/3/1997. The date of effect of Ext.P9 is 1/3/1997 and by para 15 the ceiling of maximum amount of DCRG stands raised from Rs.80,000.00 to Rs.2.80 lakhs with effect from 1/3/1997. These orders have been made applicable to college teachers who come under the UGC/AICTE/Medical Education Scheme Scales of Pay, as per clause 23 therein. Ext.P10 is the copy of the revised UGC Scheme adopted by the Government dtd. 21/12/1999. The date of effect of the revised scale of pay is from 1/1/1996. Thus, the petitioner was also benefited by the revised pay granted by the said order up to the date of his retirement.