IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 24TH JANUARY 2008 / 4TH MAGHA 1929 OP.No. 37087 of 2001(M) ----------------------- PETITIONER: ------------ KERALA FINANCIAL CORPORATION, REPRESENTED BY ITS MANAGER (LEGAL), THIRUVANANTHAPURAM. BY ADV. SRI.L.MOHANAN SRI.D.SAJEEV SMT.LINY ANTONY RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY ITS HOME SECRETARY, HOME DEPARTMENT, TRIVANDRUM. 2. KERALA LOK AYUKTA, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 3. VALSALA RAVEENDRAN, KARTHIK POORNIMA, T.C.6/558-3 (S.R.A.47), VATTIYOORKAVU, THIRUVANANTHAPURAM. 4. AMBILY RAVEENDRAN, KARTHIK POORNIMA, T.C.6/558-3 (S.R.A.47), VATTIYOORKAVU, THIRUVANANTHAPURAM. BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR SRI.E.V.NAYANAR THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 24/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.NO. 37087/2001 ORDER ON CMP 60687/2001 IN O.P.NO. 37087/2001 DISMISSED. SD/- (C.N.RAMACHANDRAN NAIR, JUDGE) 24/01/2008 SD/- (T.R.RAMACHANDRAN NAIR, JUDGE) APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE RELEVANT EXTRACT OF STAFF REGULATION OF KFC. P2 : COPY OF OFFICE ORDER DATED 16/10/1999. P3 : COPY OF COMPLAINT AND EXHIBITS WITH IT. P4 : COPY OF COUNTER FILED BY PETITIONER. P5 : COPY OF REPLY. P6 : COPY OF ORDER OF KERALA LOK AYUKTA DATED 19/11/2001. // TRUE COPY // PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR & T.R.RAMACHANDRAN NAIR, JJ. ------------------------- O.P. No. 37087 of 2001 --------------------------------- Dated, this the 24st day of January, 2008 J U D G M E N T C.N.Ramachandran Nair, J. Heard learned counsel for petitioner and learned counsel appearing for respondents. 2. The order under challenge is passed by the Honourable Lok Ayukta directing petitioner to pay the amount claimed by the respondents' predecessor towards medical reimbursement and cash award. The challenge against the order is on the ground that the Honourable Lok Ayukta has no jurisdiction to entertain the claim of the predecessor of the respondents. We find force in the contention of the petitioner because Section 8 read with IInd Schedule Clause (d) authorises the Lok Ayukta to consider claim arising out of retirement or termination from service. Medical reimbursement was claimed by the predecessor of the respondents during his service, though it was finally rejected after the retirement. Rejection of claim made during service after retirement does not constitute claim arising out of retirement. Therefore, we are of the view that the Honourable Lok Ayukta was not entitled to entertain the claim. O.P.NO. 37087/2001 -2- Moreover, on the merits also, we find no case for the claimants for the reason that medical reimbursement rejected represents cost of medicines used by the claimant as an out patient and not part of hospital cost, which alone is entitled for reimbursement. The order of the Honourable Lok Ayukta pertaining to grant of medical claim of the predecessor of the respondents is, therefore, quashed. However, we find force in the contention that the daughter of the claimant, 4th respondent herein, has secured academic distinction, which entitles her for a cash award of Rs.2,000/-. There will be direction to petitioner to pay this amount to 4th respondent through the counsel within a period of two weeks from the date of production of a copy of this judgment. This original petition is disposed of as above. (C.N.RAMACHANDRAN NAIR, JUDGE) (T.R.RAMACHANDRAN NAIR, JUDGE) jg