IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 WP(C).No. 1979 of 2006(I) ------------------------------------- PETITIONER(S): ------------------------ R. RAJAN, AGED 38 YEARS, S/O. RAGHAVAN NADAR, RESIDING AT KUNNUVARAM, ATTINGAL P.O., THIRUVANANTHAPURAM. BY ADVS. MR.T.RAJASEKHARAN NAIR, MR.BENNY M.JOHN. RESPONDENT(S): --------------------------- 1. THE DIRECTOR GENERAL OF POLICE, ASSAM POLICE HEAD QUARTERS, DISPUR, GOHATTY, ASSAM. 2. THE COMMANDANT 1ST ASSAM POLICE BATTALION, LIGRIPUKHIRI, NAZIRA, SIBSAGAR DISTRICT,ASSAM. * 3. THE STATE OF ASSAM, REP. BY IT'S SECRETARY, SECRETARIAT, GOHATTY, ASSAM. (DELETED). * THE 3RD RESPONDENT IS DELETED AS PER ORDER DATED 2/03/2009 IN I.A.9705/08 IN WPC.NO.1979/06) **ADDL.R4 IS IMPLEADED: R4. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM IS IMPLEADED AS PER ORDER DTD. 16/03/2009 IN I.A.NO.3487/09 IN WPC.NO.1979/06. BY GOVERNMENT PLEADER MR. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.1979/2006 I APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REPRESENTATION SUBMITTED TO THE 2ND RESPONDENT BY THE PETITIONER. EXT.P2: COPY OF THE REPRESENTATION DTD. 26/08/2000 SENT TO THE CHIEF MINISTER OF ASSAM THROUGH THE THIRUVANANTHAPURAM PARLIAMENT MEMBER. EXT.P3: COPY OF THE REPLY AGAINST CHARGE MEMO DTD.20/09/2003 SUBMITTED BY THE PETITIONER. EXT.P4: COPY OF THE COMMUNICATION DTD. 26/08/2004 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P5; COPY OF THE CERTIFICATE ISSUED BY THE MEDICAL BOARD, THIRUVANANTHAPURAM DTD. 7/09/2004. EXT.P6: COPY OF THE COMMUNICATION ISSUED BY THE COMMANDANT, 1ST ASSAM POLICE BATTALION LIGIRIPUKHURI, NAZIRA, ASSAM TO THE PETITIONER'S COUNSEL ALONG WITH PARA WISE COMMENT AGAINST THE WRIT PETITION. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.1979/2006-I ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 25th day of March, 2009 J U D G M E N T The petitioner was a constable under the State of Assam, as constable No.588 since 06/11/1989 and he continued upto 03/10/1996 without any break. Subsequently, when he was affected with Malaria, he went on medical leave and returned to Kerala. Initially, he sought for 21 days earned leave, which was sanctioned and thereafter, he could not join duty due to serious illness. The petitioner is presently seeking invalid pension from respondent Nos.1 and 2. The petitioner has approached this Court since his request for grant of invalid pension was not being attended to. Ext.P6 is a communication issued by the first respondent to the learned counsel for the petitioner herein wherein, they have forwarded the replies regarding the claim of the petitioner for pension. It is stated therein that the Assam Police Head Quarters have moved the Police Head Quarters Kerala to constitute a Medical Board and examine the physical ability of the petitioner and forward the copy of the examination report for early disposal of the departmental proceeding. The Director General of Police, Thiruvananthapuram, has already been impleaded as additional fourth respondent as per order in I.A.No.3487/2009. The learned Government W.P.(C) No.1979/2006 -:2:- Pleader has taken notice for the additional fourth respondent. All that the petitioner seeks is for a direction to the fourth respondent to conduct a medical examination by a Medical Board and forward the examination report to the first respondent herein. 2. Accordingly, the additional fourth respondent is directed to arrange to conduct a medical examination of the petitioner through the Medical Board within a period of one month from the date of receipt of the copy of this judgment and forward the medical examination report to the first respondent herein within a further period of one month thereafter. The writ petition is disposed of as above. No costs. The petitioner will produce a copy of the writ petition along with a copy of the judgment to the additional fourth respondent. (T.R. Ramachandran Nair, Judge.) ms