IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 23RD OCTOBER 2009 / 1ST KARTHIKA 1931 OP.No. 19599 of 2002(G) ----------------------- PETITIONER(S): --------------- 1. NO.850787191 CT/GD J. RENKAN, CHARUVILA PUTHEN VEEDU, PALATTUKONAM, MADATHIKONAM, PATTAKULAM, VEERANAKAVU P.O., THIRUVANANTHAPURAM. 2. CHANDRALEKHA W/O.J.RENKAN, DO.DO. BY ADV. SRI.G.SASIDHARAN CHEMPAZHANTHIYIL SRI.PEARLY JOSE SRI.S.VISHNU SRI.MANOJ RAMASWAMY SMT.SANJANA R.NAIR RESPONDENT(S): --------------- 1. COMMANDANT, 65 BN, CRPF., SHILLONG NOW AT BAWANA, DELHI 2. ADDL. DIGP,GROUP CENTRE, CRPF, NEEMUCH, MADHYA PRADESH. 3. PENSION AUDIT OFFICER, JAD (PENSION) PAO, OFFICE OF THE DIRECTOR GENERAL,CRPF., CGO COMPLEX, NEW DELHI-3 4. DIRECTOR GENERAL,CRPF, NEW DELHI-3 5. ADDL. DIG., CRPF.,GROUP CENTRE, PALLIPURAM, THIRUVANANTHAPURAM 6. UNION OF INDIA, REPRESENTE3D BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI. ADV. SRI.PRINCE CHAKRAMPILLY, ADDL.CGSC FOR R1TOR6 SRI.T.SANJAY, CGC MR.T.P.M.IBRAHIM KHAN, ASG THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 23/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP NO.19599/2002 ORDER ON CMP NOS.33599/2002 & 48227/2002 IN OP NO.19599/2002. DISMISSED. 23/10/2009 SD/- (ANTONY DOMINIC, JUDGE) APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF ORDER NO.M.III.1/01-EC.III DATED 6/2001 OF R1. P2 : COPY OF ACQUITTANCE GIVEN TO R1 BY 2ND PETITIONER. P3 : COPY OF LETTER NO.P.111.60/2001-PEN. DATED 14/06/2001 OF R2. P4 : COPY OF REPRESENTATION DATED 22/3/2002 OF THE PETITIOENRS TO R2. P5 : COPY OF ADVOCATE NOTICE DATED 03/06/02 TO R2. P6 : COPY OF LETTER NO.P.III-60/2001-PEN. DATED 24/6/02 OF R2. P7 : COPY OF LETTER NO.P.I.24/02-03-PC+1-65 DATED 28/6/02 OF R2. P8 : COPY OF ORDER NO.P.III 1/95-99-ADM.II (Re.Sett.) DATED 6/5/99 OF R4. P9 : COPY OF REPRESENTATION DATED 5/3/01 OF 2ND PETITIOENR TO R1. RESPONDENT'S EXHIBITS R5(a) : COPY OF OPINION OF CHIEF MEDICAL OFFICER, BH-III, GUWATHI ON 8/9/2000. R5(b) : COPY OF RELEVANT PORTION OF STANDING ORDER 7/1999. R5(c) : COPY OF CERTIFICATE DATED 13/3/2001 ISSUED BY the MEDICAL BOARD. R5(d) : COPY OF NOTICE TO THE PETITIONER. R5(e) : COPY OF ORDER ISSUED BY THE RESPONDENTS DATED 6/6/2001. R5(f) : COPY OF ORDER PASSED TO THE MANAGER, STAGE BANL OF TRAVANCORE, TRIVANDRUM. R5(g) : COPY OF SANCTION ORDER/PPO. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- O.P. No.19599 of 2002 --------------------------------- Dated, this the 23rd day of October, 2009 J U D G M E N T The 1st petitioner was working as a Constable under the respondents since 1985. He was medically invalidated out of service in 2001. It was following the finding that he was suffering from mental illness/paranoid schizophrenia. 2. In this original petition, the first prayer is to direct refund of Rs.61,978/- recovered from the petitioners as per Ext.P7, quashing the said order. In fact, the 4th prayer is to direct refund of the amount recovered by Ext.P7. Therefore, these two prayers are considered together. In paragraph 5 of the counter affidavit filed by the 5th respondent, it has been stated that out of the amount recovered, Rs.58,798/- has already been redrawn and paid to the petitioners on 24/10/2002. In so far as the balance is concerned, the respondent has stated in the affidavit that they are awaiting certain documents from the petitioners, and that on receipt of the documents, the amount will be paid. Therefore, this undertaking in O.P.No.19599/2002 -2- the counter affidavit, should satisfy this grievance of the petitioners, and it will be open to the petitioners to comply with the documentary formalities, in which event, the amount shall be paid to them. 3. The 2nd prayer is to quash Ext.P8 in so far as it directs that the persons like the 1st petitioner will not be eligible for rehabilitation as provided therein. True, a reading of Ext.P8 discloses that the Scheme of rehabilitation does not apply to persons, who are discharged on the ground of mental illness. The scheme as reflected in Ext.P8 is a policy matter, and if the policy maker has chosen not to treat those who are discharged on reasons of mental illness eligible, definitely, the same cannot be said to be arbitrary and hit by the provisions of Article 14 of the Constitution of India warranting interference of this Court. Therefore, I see no substance in the prayer to quash Ext.P8. 4. The 3rd prayer in the original petition is to direct the respondents to ensure that the 1st petitioner's monthly pension and medical allowances is reimbursed. A reading of paragraph 9 of the counter affidavit shows that pension has already been released and O.P.No.19599/2002 -3- that the petitioners can receive the same from their Bank. In so far as the medical allowances is concerned, the 5th respondent submit that the same has been paid. In fact, this Court itself had passed an order dated 13/08/2002 directing the respondents to pay monthly pension and medical allowances to the 1st petitioner as ordered in Ext.P6. In view of this, this prayer is also satisfied. Irrespective of the payments thus made, it is clarified that in case, the petitioners have any surviving grievances, or that any further payment is remaining outstanding or withheld, it is directed that it will open to the petitioners to make an appropriate application to the 5th respondent, in which event, the 5th respondent shall take necessary action for redressing the legal grievance of the petitioners. This original petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg