IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH, J
FR.DR.A.A.SEBASTIAN – Appellant
Versus
THE STATE OF KERALA – Respondent
WP(C) NO. 33403 OF 2025
| Table of Content |
|---|
| 1. pension revision request denied due to procedural delays. (Para 1 , 2 , 3) |
| 2. legal rules misapplied in denying pension arrears. (Para 4 , 5) |
| 3. court observed denial of pension benefits harsh considering petitioner’s age and health. (Para 6 , 8 , 9 , 10) |
| 4. directive for government to reassess pension arrears representation. (Para 11) |
J U D G M E N T
Dated this the 3rd day of February, 2026 The petitioner is a retired Principal of St.George’s College, Aruvithura, an Aided College affiliated to the Mahatma Gandhi University. The petitioner attained superannuation on 31.05.2001 AN and he is getting pension in the UGC Scale.
2. The pension of the UGC Scale Teachers were revised twice by the Government as per Government Orders dated 07.05.2011 (Ext.P2) and 05.11.2020 (Ext.P3), with effect from 01.07.2009 and 01.01.2016 respectively. The petitioner's pension in the revised scale was authorised by the Accountant General as per order dated 03.09.2021 with effect from 01.07.2009 on the basis of the above Government Orders and he is receiving pension in the revised scale. However, his arrears of pension revision from 01.07.2009 to 30.06.2019 was not disbursed to him.
3. The petitioner approached the 2nd respondent - Additional Chief Secretary, Department of Finance, seeking for directions for disbursement of arrears of pension revision from 01.07.2009 to 30.06.2019. However, the 2nd respondent citing Rule 120 and Rule 135 of Part III KSR, rejected his request for arrears of pension revision and directed him to submit an application under Rule 120 for special permission from the Government.
4. The petitioner states that the Rules 120 and 135 referred to by the 2nd respondent relates to denial of pension arrears on account of delay in application of fresh pension and does not cover pension revision. Ext.P2 Government Order granting pension in the UGC Scale also does not stipulate any time frame for seeking revision of pension.
5. However, despite the above legal position the petitioner submitted a request before the 2nd respondent for special orders sanctioning the arrears of pension. Medical Certificates proving his incapacity to submit application during the alleged period of delay was also produced. The petitioner also stated that he was not informed by any of the respondents, including the pension disbursing authority, during that period about the revision of pension by the Government through Ext.P2. However, the request of the petitioner was rejected arbitrarily by the 2nd respondent as per Ext.P13 without proper reasoning.
6. I have heard the learned Counsel for the petitioner and the learned Government Pleader representing respondents 1 to 5. I have also heard the learned Counsel for the 6th respondent.
7. The petitioner retired from service in the year 2001 while working as Principal in the St.George's College, Aruvithura. The eligibility of the petitioner to receive pension is not in dispute. Ext.P4 would indicate that the petitioner's pension was revised in tune with Exts.P2 and P3 Government Orders. Ext.P4 would show that the revision is to have effect from 01.07.2009.
8. However, when Appendix-II in Ext.P5 was issued from the Treasury, the arrears of pension for the period from 01.07.2019 to 30.06.2021 alone was paid to the petitioner. The petitioner has lost as many as 10 years arrears, due to Ext.P5.
9. The petitioner states that the reason for denial of the said benefit was due to the fact that there was delay on the part of the petitioner in making an application. The petitioner would submit that at the relevant point of time, the petitioner was drawing salary in the UGC Scale. The pension sanctioning authority mistakenly placed the petitioner in the State Scale. It is the specific case of the petitioner that since the petitioner was placed in the State Pay Scale, the petitioner did not receive any intimation regarding revision of pension in respect of employees in the UGC Scale.
10. The petitioner would further
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