IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 17TH SEPTEMBER 2008 / 26TH BHADRA 1930 OP.No. 15556 of 1999(B) -------------------------------- PETITIONER: ------------------- RAVINDRAN NAIR. G KARTHIKA HOUSE, KODAVILAKOM, PARASSALA.P.O. THIRUVANANTHAPURAM, KERALA. BY ADV. SRI.ELVIN PETER P.J. RESPONDENTS: ---------------------- 1. THE OFFICER IN CHARGE ARMY ORDNANCE CORPS, SECUNDERABAD - 500 015. 2. THE ADDITIONAL DIRECTOR GENERAL, PERSONNEL SERVICES, ADJUTANT GENERAL'S BRANCH, ARMY HEADQUARTERS, SENA BHAVAN, NEW DELHI - 110 011 3. THE CONTROLLER OF DEFENCE ACCOUNTS (PENSION) ALLAHABAD. BY ADV. SRI.THOMAS KOSHY SRI.JOHN VARGHESE, ASSISTANT SG SRI.THOMAS MATHEW NELLIMOOTTIL,SR.P.ARM FOR R1 TO R3 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 17/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 15556 of 1999(B) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE COPY OF THE RECOMMENDATION AND ORDER DATED 23.1.1998 ISSUED BY THE IST RESPONDENT. EXT.P2 - TRUE COPY OF ORDER DATED 27.8.1998 ISSUED BY THE 1ST RESPONDENT. EXT.P3 - TRUE COPY OF SHOW CAUSE NOTICE DATED 30.8.1998 ISSUED BY THE 1ST RESPONDENT. EXT.P4 - TRUE COPY OF REPLY DATED 31.8.1998 SENT BY THE PETITIONER. EXT.P5 - TRUE COPY OF SHOW CAUSE NOTICE DATED 31.8.1998 ISSUED BY THE 1ST RESPONDENT. EXT.P6 - TRUE COPY OF ORDER DATED 11.9.1998 ISSUED BY THE MILITARY ESTABLISHMENT. EXT.P7 - TRUE COPY OF REPRESENTATION DATED 1.1.1999 SENT BY THE PETITIONER TO THE COMMANDANT. EXT.P8 - TRUE COPY OF COMMUNICATION DATED 4.1.1999 SENT BY THE HEAD OF THE UNIT. EXT.P9 - TRUE COPY OF REPRESENTATION DATED 25.1.1999 TO THE 1ST RESPONDENT SENT BY THE PETITIONER. EXT.P10 - TRUE COPY OF PROVISIONAL DISCHARGE CERTIFICATE DATED 2.2.1999 ISSUED BY THE COMPANY COMMANDER. EXT.P11 - TRUE COPY OF DISCHARGE CERTIFICATE DATED 13.2.1999 ISSUED BY THE MILITARY HOSPITAL, JABALPUR. EXT.P12 - TRUE COPY OF REPRESENTATION DATED 22.2.1999 SENT BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P13 - TRUE COPY OF ARMY ORDER NO. A.O. 3/89. EXT.P14 - TRUE COPY OF ORDER NO. 30005/D-2/LMC/CA-4. DATED 1ST MAY, 1999 ISSUED BY THE SENIOR RECORD OFFICER, O/O THE 1ST RESPONDENT. EXT.P15 - TRUE COPY OF REPRESENTATION DATED 1.6.1999 SENT BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P16 - TRUE COPY OF ORDER NO.30005/D-2/LMC/CA-4. DATED 5TH JULY 1999. ISSUED BY THE 1ST RESPONDENT. EXT.P17 - TRUE COPY OF RECEIPT DATED 16.7.1999. EXT.P18 - TRUE COPY OF ORDER NO. 30005/D-2/LMC/CA-4 DATED 6TH MARCH, 1999 ISSUED BY THE 1ST RESPONDENT. EXT.P19 TO EXT.P24 ARE NOT SEEN IN THE FILE EXT.P25 - TRUE COPY OF ORDER DATED 9/3/2000 ISSUED BY 3RD RESPONDENT. EXT.P26 - TRUE COPY OF ORDER DATED 14/2/2000 VIDE WHICH PETITIONER WAS GIVEN ARMY GROUP INSURANCE FUND. EXT.P27 - TRUE COPY OF THE ORDER DATED 29/3/2000 VIDE WHICH P.F. WAS GIVEN TO PETITIONER. EXT.P28 - TRUE COPY OF ORDER DATED 9.4.2001 VIDE WHICH PETITIONER WAS SANCTIONED COMMUTED VALUE OF PENSION. EXT.P29 - TRUE COPY OF COMMUNICATION DATED 16/9/2000 ISSUED TO PETITIONER. EXT.P30 - TRUE COPY OF THE CERTIFICATE DATED 25.11.2000 ISSUED BY MEDICAL BOARD. /TRUE COPY/ PA TO JUDGE rhs S.SIRI JAGAN, J ================== O.P.No.15556 of 1999 ================== Dated this the 17th day of September, 2008. J U D G M E N T The petitioner is a discharged defence personnel. While he was in service he met with an accident on 12.5.1995. He was directed to undergo a surgery on 14.11.1996. The petitioner alleges that in the surgery on account of the negligence of the doctor, he incurred disability in one arm. Because of the said disability, by Ext.P2 order he was discharged from the defence service as unfit to continue in service, with effect from 31.8.1998. As a result of that discharge he became entitled to pension. But pension was not released to the petitioner on the ground that he was not examined by Release Medical Board before discharge. Although sanction for convening Release Medical Board was requested for the same was never granted. Ultimately by Ext.P10 a provisional discharge certificate was issued without convening Release Medical Board. Subsequently, by Ext.P14 order dated 1.5.1999, the petitioner was directed to report to his unit for issue of fresh discharge order after convening Release Medical Board. This was challenged in this O.P.No.15556 of 1999 - 2 - writ petition. This Court granted an interim stay of Ext.P14. Subsequently, the petitioner was granted pensionary benefits and he is continuing to get pension every month. Therefore, the subsisting grievance of the petitioner is only in respect of interest on the delayed payment of arrears of pension. The petitioner submits that in view of Ext.P13 order of the Government, the duty to convene the Release Medical Board prior to the discharge is on the respondents and having delayed the convening of Release Medical Board, and payment of pension the respondents are liable to pay to the petitioner interest on the delayed payment on arrears of pension. The petitioner relies on two Supreme Court decisions, on the question of right to get interest on delayed payment of pension, namely; State of Kerala and others v. M. Padmanabhan Nair [1985 (1) SCC 429] and S.K.Dua v. State of Haryana and another [2008(3) SCC 44] 2. I have heard the contentions of the petitioner in this regard. 3. In view of the fact that subsequently pension has been released to the petitioner, it is not now necessary to consider the O.P.No.15556 of 1999 - 3 - validity of Ext.P14 any more. In view of Ext.P13, it is clear that the responsibility of convening the Release Medical Board prior to the discharge of the petitioner was on the respondents, clearly the delay in releasing pension due to the petitioner is on account of delay caused by the respondents themselves. Therefore, the respondents are liable to compensate the petitioner adequately for the delay in payment of pensionary benefits to the petitioner. In view of the Supreme Court decisions cited by the counsel for the petitioner, I am satisfied that the petitioner is entitled to get interest on the delayed payment of pensionary benefits. Accordingly, I direct the respondents to pay to the petitioner interest on the arrears of retirement benefits paid to the petitioner at the rate of 6% per annum from the date of discharge till the date of payment of arrears. This shall be paid within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. S.SIRI JAGAN, JUDGE rhs