IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 WP(C).No. 32150 of 2011(P) -------------------------- PETITIONER: ----------------- MARIAMMA SAMUEL,W/O.VARGHESE SCARIA, AGED 55 YEARS,LADY HEALTH INSPECTOR(RETIRED), GENERAL HOSPITAL,PATHANAMTHITTA (RESIDING AT THANNIKKAL HOUSE,PARIYARAM, MALLAPPILLY, PATHANAMTHITTA DISTRICT). BY ADV. SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENTS: ---------------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM-695035. 3. THE DISTRICT MEDICAL OFFICER(HEALTH), PATHANAMTHITTA-689645. 4. THE MEDICAL OFFICER, PRIMARY HEALTH CENTRE,KAVIYOOR, PATHANAMTHITTA DISTRICT-689582. 5. THE ACCOUNTANT GENERAL(A & E),KERALA, THIRUVANANTHAPURAM-695039. R1 TO R5 BY SRI.LIJU STEPHEN, GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JV WPC NO: 32150/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE VERIFICATION REPORT OF THE ACCOUNTANT GENERAL DATED 15-12-2010. P2: COPY OF THE NON-LIABILITY CERTIFICATE NO.A5-1074/2011 DATED 08-04-2011. P2(A): COPY OF THE LETTER NO.A5-1074/2011 OF THE SUPERINTENDENT DATED 11-04-2011 P3: COPY OF THE PROCEEDINGS ORDER NO.FW (SPL.CELL) 94660/06/DHS OF THE 2ND RESPONDENT DATED 15-05-2007. P4: COPY OF THE CIRCULAR NO.FWA4-97789/10/H&FWD OF THE DIRECTOR DATED 06-01-2011 P5: COPY OF THE RE-OPTION STATEMENT OF THE PETITIONER DATED 10-08-2007 P6: COPY OF THE PROCEEDINGS ORDER NO.534/08 OF THE SUPERINTENDENT DATED 21-08-2007. P7: COPY OF THE STATEMENT OF FIXATION OF PAY OF THE PETITIONER DATED NIL. P8: COPY OF THE RELEVANT PAGE OF THE AUDIT OBJECTION DATED NIL. P9: COPY OF THE LETTER NO.86/11 OF THE PRIMARY HEALTH CENTRE,DATED 12-07-2011. P10: COPY OF THE LETTER OF THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 28-09-2011 P10(A): COPY OF THE ORDER A5-7261/11 OF THE DISTRICT MEDICAL OFFICER, DATED 03-11-2011 P11: COPY OF THE REPRESENTATION SUBMITTED BEFORE THE GOVERNMENT DATED 10-11-2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE JV K.SURENDRA MOHAN, J --------------------------------------------- W.P.(c)No.32150 of 2011 --------------------------------------------- Dated this the 2nd day of December 2011 JUDGMENT The petitioner is a person who has retired as a Lady Health Inspector from the General Hospital, Pathanamthitta on 31.3.2011. She complains that her retirement benefits have not been disbursed to her till date. According to the petitioner, her gratuity was sanctioned as per Ext.P1 order and a non-liability certificate has also been issued, but the amount has not been disbursed, so far. The petitioner was granted retrospective promotion by Exts.P3 and P4 and arrears of pay due to her for the period from 23.6.1987 to 14.5.2006 is also pending payment. The reason for the non-payment of her retirement benefits, according to her, is that the Accountant General has objected to the second grade that was sanctioned to the petitioner on completion of ten years of service with effect from 23.6.1997. The higher grade was sanctioned to her in accordance with the WPC No.32150 of 2011 2 provisions of a Government Order dated 1.11.1989. The petitioner claims that she is entitled to get the arrears of pay due to her as well as the pensionary benefits, at any rate, less the amount with respect to which a dispute has been raised by the Accountant General. However, she complains that the undisputed amounts have also not been paid to her, till date. The petitioner has submitted Ext.P11 representation to the first respondent detailing all her grievances and claiming the benefits due to her. It is the present complaint of the petitioner that no orders have been passed thereon, till date. Therefore, she seeks the issue of appropriate directions for the consideration and disposal of Ext.P11. 2. I have heard the learned Government Pleader also. Since the grievances of the petitioner are pending consideration of the first respondent in Ext.P11, it is sufficient that this writ petition is disposed of directing the said representation to be considered. 3. This writ petition is accordingly disposed of directing the first respondent to consider the grievances of the petitioner set out in her representation, evidenced WPC No.32150 of 2011 3 herein by Ext.P11 in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment. Sd/- K.SURENDRA MOHAN, JUDGE true copy P.S.TO JUDGE css/