The above said writ petition has been instituted seeking the following reliefs: “(i) Call for the records leading to Ext.P1 and issue a writ of certioriari or any other appropriate writ, order or direction, quashing Clause 5.8 of Ext.P1, which prescribes that the pay revision arrears on account of UGC pay revision 1996 with effect from 01.01.1996 to 31.12.1999 will be deposited in the Provident Funt Account of the concerned employees;
(ii) Declare that the second respondent has absolutely no right to deposit the payment of pay revision arrears due to the petitioners and similarly situated persons on account of UGC pay revision, 1996 with effect from 01.01.1996 to 31.12.1999 in the Provident Fund Account;
(iii) Declare that the petitioners are entitled to get 18% interest for the delayed payment of pay revision arrears, on account of UGC pay revision, 1996;
(iv) Direct the respondents 2 and 3 to disburse the monetary benefits due to the petitioners towards pay revision arrears on account of UGC pay revision, 1996, with effect from 01.01.1996 to 31.12.1999 forthwith, pending disposal of the original petition;
(v) Pass such other appropriate orders as this Honourable Court deems, fit, proper and necessary in the circumstances of the case.”
2. CMP. No.5250/2001 was filed in the OP seeking the interim relief to direct respondent 2 and 3 namely the State of Kerala and the Director of Collegiate Education to disburse the monetary benefits due to the petitioners towards the pay revision arrears on account of the UGC pay revision 1996 effect from 01.01.1996 to 31.03.2000 forthwith pending final dismissal of the writ petition.
3. While admitting this writ petition on 30.01.2001 this court had passed an interim order dated 30.01.2001 on the above said CMP No.5250/2001 in the OP, which reads as follows:
“Pay revision arrears on account of the implementation of the UGC scheme for the period from 01.01.1996 are not paid, but credited to the provident fund. But, at the same time the petitioners are multed with the liability of paying income tax for the said amount. In such situation, it is only appropriate that 25% of the arrears due to the petitioners shall be paid to them within two months to enable them to meet the liability of income tax.”
4. The State being aggrieved by the above said interim order dated 30.01.2001, had chosen to file a writ appeal as W.A No.1386/2001. This court closed the above said writ appeal as per judgment dated 22.07.2005 which reads as follows:
“It is submitted by the Government Pleader that nothing further remains in the light of G.O(P) No.43/02/H.Edn. dated 03.05.2005. Accordingly the writ appeal is closed as infructuous.”
5. This writ petition has been pending on the file of this court for the last more than 13 years. The first petitioner is shown as having the age of 41 years as on January 2001 and therefore, he would have completed the age of superannuation long ago. The petitioners are not chosen to submit any additional pleadings to appraise this court about the developments that have taken place after the issuance of the interim order dated 30.01.2001 ordered in the OP as well as after the rendering of the judgment dated 22.07.2005 in W.A No.1386/2001. Therefore, this court is totally disabled from considering on the merits of the matter. Accordingly, it is felt that it is not advisable to exercise the discretionary jurisdiction of this court after the long lapse of time. The petitioners have not chosen to submit any additional pleadings. The respondents have also not bothered to submit any counter affidavit in this case so as to assist the court. Accordingly, it is ordered that in case the benefit of the interim order dated 13.01.2001 has actually been granted to the petitioners, then the same need not be disturbed.
With these directions and observations, this OP stands closed.
ALEXANDER THOMAS, JUDGE das