IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 16TH NOVEMBER 2010 / 25TH KARTHIKA 1932 RP.No. 557 of 2010(V) --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.19501/2004 Dated 23/02/2010 .................... REVIEW PETITIONER(S): / PETITIONER ---------------------- K.KUNJULEKSHMI, W/O.LATE S.KUMARAN, EXGS 096071 PIONEER, RESIDING AT MUDEETHARA PADEETTATHIL HOUSE, PUTHIAVILA SOUTH, PATTOLI MARKET P.O., ALAPPUZHA DISTRICT. BY ADV. SRI.R.RAJASEKHARAN PILLAI SMT.SABINA JAYAN RESPONDENT(S): / RESPONDENTS --------------- 1. THE UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF ROADS AND HIGHWAYS, KASHMIR HOUSE, B-WING 4TH FLOOR, DHQ PO NEW DELHI. 2. THE DIRECTOR GENERAL BORDER ROADS, SEEMA SADAK BHAWAN, RING ROAD, DELHI CANTT, NEW DELHI-10. 3. THE CHIEF ENGINEER PROJECT SEWAK, C/O.99 APO. 4. THE CONTROLLER OF DEFENCE ACCOUNTS (PENSION) DRAUPATHY GHAT, ALLAHABAD (UP). 5. THE OFFICER COMMANDING, RECORD OFFICE, GREF RECORDS, DIGHI CAMP, PUNE. 6. THE OFFICE COMMANDING 1628 PNR COY (GREF) C/O.99 APO. ADV. SRI.GEORGE JOSEPH, CGC FOR R1 TO 6 SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R1 TO R6 THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 16/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- R.P. No.557 OF 2010 IN W.P.(C) No. 19501 OF 2004 -------------------------- Dated this the 16th day of November, 2010 O R D E R Heard Sri. R.Rajasekharan Pillai, the learned counsel appearing for the review petitioner. The learned counsel relies on an unreported decision of a learned single Judge of this Court in O.P.No.9619 of 1997, as affirmed by the Division Bench in W.A. No.821 of 1998 to contend that the period of nine years three months and twenty seven days of service which Sri. S.Kumaran had as Pioneer in the General Reserve Engineering Force, should have been rounded off to 10 years of service and invalid pension should have been paid to him at the time of discharge. 2. I am not persuaded to agree with the said submission. The provision in rule 49(3) of Central Civil Services (Pension) Rules, 1972 which was referred to and relied on in O.P. No. 9619 of 1997 was inserted in the statute by notification dated 28.6.1983. Sri. S.Kumaran, the petitioner's husband was boarded out of service in 1974 and he died shortly thereafter. As on the date on which the petitioner's husband was boarded out of service, the amendment to RP No.557/2010 2 rule 49(3) had not come into effect. In such circumstances, I am of the opinion that in the case of the petitioner's husband, the respondents were not bound to round off the length of service which he had as 10 years. I therefore find no grounds to entertain the review petition. The review petition fails and is accordingly dismissed. P.N.RAVINDRAN, (JUDGE) vps RP No.557/2010 3 RP No.557/2010 4