IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 OP.No. 37429 of 2002(E) --------------------------------- PETITIONER: ------------------- E.P. BONIFACE, AGED 59 YEARS, S/O. PAILY, ETTURUTHIL HOUSE, ASHOKA ROAD, KALOOR, COCHIN-17. BY ADV. SRI.K.C.PETER SRI.GEORGE BRISTON RESPONDENTS: ----------------------- 1. PENSION PAY MASTER (MILITARY) CENTRAL DEFENSE ACCOUNTS (CDA), PENSION DIVISION (PD), ERNAKULAM. 2. H.M.T. LIMITED, H.M.T. COLONY P.O., KALAMASSERY, ERNAKULAM, REPRESENTED BY ITS GENERAL MANAGER. BY ADV. SRI.PRINCE CHAKRAMPILLY, ADDL.CGSC STANDING COUNSEL FOR H.M.T. B/O SRI.M.PATHROSE MATHAI - R2 SRI.SAJI VARGHESE THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 07/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP. NO.37429/2002 ORDER ON CMP. NO.63229/2002 IN OP. NO.37429/2002 DISMISSED 07.03.2008 SD/- T.R.RAMACHANDRAN NAIR, JUDGE APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE CERTIFICATE ISSUED BY THE 2ND RESPONDENT REE HMT IV (500/WG DT. 6.3.92. EXT.P2(a):- COPY OF THE LETTER ADDRESSED TO THE PENSION PAY MASTER, ERNAKULAM DT. 9.1988. EXT.2(b):- COPY OF THE LETTER SEND TO THE CDA (PD) ALAHABAD. EXT.02(c):- COPY OF THE LETTER SENT TO THE CDA (PD) MERUT DT. 11.1988. EXT.P3:- COPY OF THE LETTER SENT FROM CDA (PD) MEERUT DT. 6.23.88. EXT.P4:- COPY OF THE LETTER FROM THE ZONAL OFFICE OF DEFENSE PENSION DISBURSEMENT MADRAS. /TRUE COPY/ P.A. TO JUDGE tss T.R.RAMACHANDRAN NAIR, J. ======================= OP.No.37429 of 2002-E. ======================= Dated this the 7th day of March, 2008. J U D G M E N T The Original Petition is filed seeking various reliefs and also for a direction to the 2nd respondent to disburse the amount which was deducted from the salary of the petitioner with interest till date. The petitioner is a Military pensioner since 1977. After resigning from Military services the petitioner was re-employed in HMT, Kalamassery in the year 1978 and he availed voluntary retirement in March, 2000. It appears that an amount of Rs.45/- was being deducted from the salary of the petitioner every month towards the relief deduction on re-employment. But later, this system was changed and the deduction was being made from the monthly pension payable to him, from 26.4.1984 onwards. But it appears that due to want of information to the second respondent from the first respondent, the second respondent was deducting the OP.No.37429 of 2002-E. -: 2 :- very same amount from the salary also thereby resulting simultaneous deduction from the petitioner's salary and monthly pension by both the authorities. 2. The learned counsel for the second respondent submits that the entire amounts thus deducted had been credited in a separate account. Therefore, the 2nd respondent is directed to disburse the amount that is recovered from 26.4.1984 from the monthly salary of the petitioner till his retirement. The same shall be done within a period of one month from the date of receipt of a copy of this judgment. The petitioner herein will approach the second respondent immediately for release of the amount. The Original Petition is allowed as above. T.R.RAMACHANDRAN NAIR, JUDGE. kvs/-