IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 17TH DECEMBER 2009 / 26TH AGRAHAYANA 1931 WP(C).No. 40179 of 2003(G) -------------------------- PETITIONER(S): --------------- 1. K.DIVAKARAN, EX-G/78129 PNR, OTHALASSERIL KIZHAKKAGTHIL HOUSE, ARATTUPUZHA P.O., VIA-MUTHUKULAM, ALAPPUZHA DIST. *ADDL.P2 P.PANKAJAKSHY, AGED 55 YEARS, W/O.K.DIVAKARAN, EX-G/78129 PNR, OTHALASSERIL KIZHAKKAGTHIL HOUSE, ARATTUPUZHA P.O., VIA-MUTHUKULAM, ALAPPUZHA DIST. *(ADDITIONAL 2ND PETITIONER IS IMPLEADED AS PER ORDER DATED 11/06/2008 IN I.A.NO.7071/2008) BY ADV. SRI.R.RAJASEKHARAN PILLAI SRI.GEORGE T. THACHETT SMT.SABINA JAYAN RESPONDENT(S): --------------- 1. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF DEFENCE, NEW DELHI-110011 2. THE DIRECTOR GENERAL, BOARDER ROADS, KASHMIR HOUSE, NEW DELHI 3. THE COMMANDING OFFICER, RECORD OFFICE, DIGHI CAMP, POONE. 4. THE COMMANDING OFFICER, 1604 PNR COY G.R.E.F. C/O. 99 APO. 5. THE CONTROLLER AND AUDITOR GENERAL, DEFENCE ACCOUNT, ALLAHABAD. ADV. SRI.N.M.JAMES, ADDL.CGSC FOR R1TO5 SRI.S.R.AJITH, ADDL.CGSC FOR R1 TO R5 MR.T.P.M.IBRAHIM KHAN, ASG THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.40179/2003 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF HOSPITALISATION CERTIFICATE DATED 28/02/1973. P2 : COPY OF APPLICATION SUBMITTED BY THE PETITIONER FOR EX- GRATIA PENSION. P3 : COPY OF LETTER NO.11515/C/DGBR/EI/MED DATED 18/10/1984 ISSUED BY R2. P4 : COPY OF JUDGMENT DATED 27/03/2001 IN OP NO.19680/1996 OF THIS HON'BLE COURT. P5 : COPY OF REPRESENTATION DATED 23/12/2002 SUBMITTED BY THE PETITIONER BEFORE R2. P6 : COPY OF COMMUNICATION DATED 21/11/2003 FROM R2 TO THE PETITIONER. RESPONDENT'S EXHIBITS R3(a) : COPY OF RECORD OFFICE GREF LETTER NO.EX- GS.078129/13/111/NER(CC) DATED 06/12/2003. // TRUE COPY // PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.40179 of 2003 (G) --------------------------------- Dated, this the 17th day of December, 2009 J U D G M E N T This writ petition was filed by Shri.K.Divakaran. On his expiry on 04/10/2007, his wife Mrs.P.Pankajakshy, got herself impleaded as additional 2nd petitioner. 2. The prayer sought in this writ petition is to sanction invalid pension. 3. Facts of the case shows that the petitioner jointed the General Reserve Engineering Force as a Pioneer with effect from 23/10/1964. He worked at various places. While in service, he was treated for Neurosis. Ext.P1 is the hospitalisation certificate, which also says that the case is recommended for invalidation out of service by the Medical Board. Subsequently, he was invalidated out of service. 4. Although, the deceased made application for invalid pension that was not granted, and finally he approached this Court by filing O.P.No.19680/1996. That original petition was disposed of by Ext.P4 judgment dated 27/03/2001 directing the deceased to represent to the authorities. Representation was filed, and by WP(C) No.40179/2003 -2- Ext.P6, he was informed that his representation has been forwarded to HQCE(P)/GREF Records for suitable action. Even thereafter there has not been any progress in the matter and therefore this writ petition has been filed. 5. A counter affidavit has been filed by the respondents producing Ext.R3(a). It is stated that in pursuance to the directions of this Court, the petitioner filed his representation, on which Ext.R3 (a) order dated 06/12/2003 was passed. In Ext.R3(a) order, it is stated thus: “(a) Invalid Pension - Granted to those Govt. Servant retired from service on account of any bodily or mental infirmity occurred during the course of his employment with the Govt and should have been completed minimum 10 years of service with confirmation at the time of such retirement. In your case, it is seen that you have rendered services to the Govt for the period from 23 Oct. 1964 to 28 Feb.1973 that is 8 years 4 months and 9 days only and that too in temporary capacity. Accordingly CDA (Pensions) Allahabad had turn down your pension claim being inadmissible. (b) Compensation under WCA - 1923 - During the course of your employment with the Department you have contacted the disease NEUROSIS due to severe stress of your domestic problems which is in no way was related to climatic condition or through nature of your performance of duties and hence it was neither attributable nor aggravated to conditions of service as per the medical board. As such, you are not entitled to any compensation under this act.” WP(C) No.40179/2003 -3- The reason stated in Ext.R3(a) for rejecting the prayer for invalid pension is that the petitioner did not have the qualifying service, and in so far as the reason for rejecting the prayer for compensation is concerned, it is stated that according to the Medical Board his ailment was neither attributable nor aggravated to conditions of service, but was due to the severe stress of domestic problems. 6. In so far as Ext.P1 is concerned, the respondents have stated that Ext.P1 is not an authenticated document for the purpose of regulating discharge of an employee and that the petitioner was discharged not acting upon Ext.P1, but on the basis of the report of the Medical Board. 7. From this, it is therefore evident that the claim of the petitioner has been negatived on account of the findings of the Medical Board. In this writ petition, there is no challenge against the proceedings of the Medical Board. In such a situation, this Court cannot sit in judgment over the same. Therefore, leaving it open to the petitioner to seek her remedies against the ground on which the petitioner's claim was rejected as disclosed in Ext.R3(a), this writ petition is disposed of. (ANTONY DOMINIC, JUDGE) jg