IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929 WP(C).No. 2786 of 2008(F) ------------------------- PETITIONER: ------------ SARAMMA THOMAS @ SARAMMA VARGHESE, W/O.THOMAS GEORGE, KOCHUMANNIL HOUSE, MUNDIYAPPALLY P.O., THIRUVALLA REPRESENTED BY HER GENERAL POWER OF ATTORNEY HOLDER SABU K.JOHN, S/O.JOHN, KOCHUMANNIL HOUSE, MUNDIYAPPALLY P.O., THIRUVALLA. BY ADV. SRI.S.SUBHASH CHAND RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HEALTH SERVICES, DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. DISTRICT MEDICAL OFFICER, OFFICE OF THE DISTRICT MEDICAL OFFICER, PATHANAMTHITTA. 4. MEDICAL OFFICER IN-CHARGE, GOVERNMENT HOSPITAL, KOZHENCHERRY. 5. ACCOUNTANT GENERAL (A&E) KERALA, OFFICE OF THE ACCOUNTANT GENERAL (A&E) KERALA, THIRUVANANTHAPURAM. BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR GOVERNMENT PLEADER SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 2786 of 2008 -------------------------- Dated this the 17th March, 2008 J U D G M E N T Petitioner served as a Staff Nurse in the Health Services Department from 1966 to 1999. But in the meanwhile she had proceeded on leave without allowance for taking up employment abroad in 1983. This continued till she reached the age of superannuation. According to the petitioner, she had completed 17 years of regular service as a Staff Nurse and Senior Nurse prior to her proceeding on leave without allowance for taking up employment abroad. Therefore, she is entitled to the retirement benefits counting her period of service from 31.8.1966 to 14.6.1983. Writ petition is filed seeking appropriate reliefs in this regard. Incidentally, it is noted that the writ petition is filed through a Power of Attorney holder. A statement has been filed by the 3rd respondent as directed by this Court. Paragraphs 4 and 5 of the said statement reads as follows: “4. It is reported that, none of the present officials attached to District Hospital, Kozhencherry are willing to attest or admit her specimen signature, group photographs, finger prints and so on which are W.P ( C) No. 2786 of 2008 2 absolutely required for the settlement of Pensionary claims, as these officers have no guarantee that, it is the clear and exact signature or photographs of the petitioner in question. As such she was addressed to appear in person, by the Superintendent of District Hospital, Kozhencherry, by registered post which was received by her authorised nominee on 19.2.2008. 5. It is submitted that, the retired officer may be asked appear in person before any one of the responsible officers of her last station or this respondent in order to satisfy them to admit the contents of her identity, life and specimen signature or she may furnish the documents duly signed and get attested through any gazetted officer of the State of Kerala admitting all the facts that her signature, identity and life as on a particular date are admitted by that officer.” 2. I heard learned counsel for the petitioner Mr.Subhash Chand and learned Government Pleader Sri.Bejoy Chandran. Mr.Subhash Chand submits that petitioner is currently undergoing treatment in the United States and could be in a position to appear before the competent authority in the first week of June, 2008. This is recorded. 3. In the result, the writ petition is disposed of directing the petitioner to appear before the 3rd respondent in the first week of June or any other day suitable to the petitioner (if she has any inconvenience in appearing before the 3rd respondent in W.P ( C) No. 2786 of 2008 3 the 1st week of June). She shall also give her specimen signature and produce such materials which are required to assess the veracity of the application made by her for the retirement benefits. Thereupon, the 3rd respondent shall conduct such enquiry as is warranted and then forward the report to the the 2nd respondent within one month from the date of appearance of the petitioner before the 3rd respondent. The 2nd respondent shall then issue a NLC/LC to enable the petitioner to receive the retirement benefits from the concerned Sub Treasury Officer. The 2nd respondent shall during the said time take steps to disburse the provident fund and any other welfare fund amount which is due to the petitioner . Respondents 1 and 2 shall ensure that the entire process as outlined above shall be completed without delay, at any rate, within a period of three months from the date of appearance of the petitioner before the 3rd respondent. (V.GIRI, JUDGE) ma W.P ( C) No. 2786 of 2008 4 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 W.P ( C) No. 2786 of 2008 5 ORDER 25th May, 2007 Common issues are raised for consideration in all these writ petitions. Reference is made to the facts in Writ Petition No.4562/2008 for the sake of convenience.