IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 13TH JULY 2010 / 22ND ASHADHA 1932 WP(C).No. 21749 of 2010(P) -------------------------- PETITIONER(S): --------------- DR.M.D.JOY, AGED 57 YEARS, S/O.LATE M.P.DEVASSY, RETIRED CIVIL SURGEON. RESIDING AT MANJALI HOUSE, HOUSE NO.6/147, LOURDPURAM, EAST FORT, THRISSUR. BY ADV. SRI.MILLU DANDAPANI RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM-695 001. 3. THE DISTRICT MEDICAL OFFICER (HEALTH), THRISSUR-680001. BY GOVT. PLEADER SRI. ARAVINDAKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.21749 OF 2010(P) -------------------------------------------------- Dated this the 13th day of July, 2010 J U D G M E N T Petitioner retired as Civil Surgeon on 30.4.2007. His pension benefits were settled on 25.11.2008. It is complaining of delay and claiming interest he has filed this writ petition. His claim was already considered by the first respondent and rejected by Ext.P2. It is in these circumstances, the writ petition is filed. Paragraph 3 of Ext.P2 order reads as under. “The case has been examined in detail and found that Dr.M.D. Joy retired from service on 30.4.2007 and his pensionary benefits were settled on 25.11.2008. As per existing norms the application for pensionary claims has to be submitted 1 year prior to the date of retirement. But the doctor submitted the application on 19.12.2006 and the District Medical Officer(Health) Thrissur forwarded the same on 22.1.2007. The Director of Health Services forwarded the pension proposal to the Accountant General on 22.2.2007. The report of admissible pension claims of the Accountant General dated 22.8.2008 was received by the Director of Health Services on 6.9.2008. And Director of Health Services issued sanction order for all the pensionary claims and Non Liability Certificates in respect of Dr.M.D. Joy on 13.10.2008. From the above calendar of action it is crystal clear that no willful delay had occurred on the part of the respondents in sanctioning pensionary benefits to the petitioner. Whatever the delay occurred in this case was due to the WPC.No.21749 /2010 :2 : delayed submission of the application for pensionary claims by the petitioner himself.” 2. From the above, it is obvious that there has not been any culpable delay on the part of the respondents justifying the claim. Writ Petition is dismissed. (ANTONY DOMINIC) JUDGE vi/