K.P.BALAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by a Grade-I Professor who retired on 30.06.1989, seeking to quash that part of Ext.P7 order of the State Government, extending State Pension Revision only with effect from 01.07.2009 to the retired persons on the basis of G.O. (P)No.81/2007/Fin. dated 28.02.2007, and since the State pension revision was ordered with effect from 01.07.2009,the Government ordered the arrears consequent on revision of pension as per G.O. (P)No.211/2011/Fin. dated 07.05.2011 with effect from 01.07.2009 alone. Basic material facts for the disposal of the writ petition are as follows:

(2.) Petitioner retired from service as Professor Gr.I on 30.06.1989. According to the petitioner, he retired as UGC Associate Professor, and as per the latest Kerala Pension Payment Order(PPO)No.CNR 12851/KDE 14380 issued by the Accountant General (A&E), Kerala, on 15.12.2011, the basic pension of the petitioner was fixed at Rs.20,107/- p.m. with effect from 01.03.2010. The Government of Kerala had issued orders to implement the 6th UGC Scheme and therefore, the Government vide G.O.(P)No.58/2010/H. Edn. dated 27.03.2010, revised the pay &allowances of teachers in Universities, affiliated Colleges etc. under the UGC Scheme. The 6th UGC pay was revised in Kerala with effect from 01.01.2006 and the monetary benefit was given only with effect from 01.03.2010. It is provided in clause 1(f) of Ext.P1 Government Order dated 27.03.2010 that the arrears for the period from 1st January, 2006 to 28th February, 2010 shall be released subject to the Central Government agreeing to the grant of 80% as financial assistance.

(3.) The case of the petitioner is that, the pension was also revised in compliance with Clause No.11.8 of Ext.P1 Government Order. The Government of Kerala thereafter issued Ext.P2 order, revising the pension/family pension for those who come under the UGC/AICTE/Medical Education Scheme. It is stated in the said order that the pensionary benefits are also revised from 01.01.2006, and the date of effect of Ext.P2 Government Order is shown as with effect from 01.03.2010. According to the petitioner, there is no reason assigned for the decision of the Government to withhold the revised UGC pension disbursement for the period from 01.01.2006 to 28.02.2010. Thereupon, petitioner has submitted an application before the Pension disbursing authority for revising the pension. As a result, the pension of the petitioner was revised as per Ext.P3 order dated 15.12.2011 on and with effect from 01.03.2010 at Rs.20,107/-.