IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933 WP(C).No. 24182 of 2005(D) --------------------------------------- PETITIONER(S): ----------------------- S. ANANDAN, EX.NO. 82484 RFM/ORL, AGED 58 YEARS, S/O.SANKARANKUTTY, RESIDING AT KARUKAIL HOUSE, PALLIPADU VILLAGE, KARTHIKAPPILLY TALUK, PALLIPADU P.O., ALAPPUZHA DISTRICT, KERALA STATE, PIN-690 512. BY ADV. SRI.K.HARILAL, SRI.P.V.VIJAYAKUMAR. RESPONDENT(S): -------------------------- 1. DIRECTOR GENERAL, ASSAM RIFLES, DIRECTORATE GENERAL OF ASSAM RIFLES, PENSION REVISION CELL, SHILLONG-793 011. 2. MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES & PENSION, GOVT. OF INDIA, (DEPARTMENT OF PENSION & PENSIONER'S WELFARE), REPRESENTED BY ITS SECRETARY, NEW DELHI-110 011. 3. INDIAN AUDIT AND ACCOUNTS DEPARTMENT, REPRESENTED BY ITS ACCOUNTS OFFICER IN CHARGE, OFFICE OF THE ACCOUNTANT GENERAL (A & E), KERALA, P.B.NO. 5607, M.G. ROAD, THIRUVANANTHAPURAM-695 039. 4. STATE BANK OF INDIA, HARIPADU BRANCH, REPRESENTED BY ITS BRANCH MANAGER, HARIPAD P.O., ALAPPUZHA DISTRICT. R1 TO R3 BY ADV. SRI.P. PARAMESWARAN NAIR, ASST. S.G. OF INDIA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 24182 of 2005(D) APPENDIX PETITIONER'S EXHIBITS & ANNEXURE: EXT.P1: COPY OF THE RELEVANT PAGES OF PETITIONER'S DISCHARGE CERTIFICATE DATED 27/07/1981. EXT.P2: COPY OF THE PENSION PAYMENT ORDER VIDE PPO NO.PAO/AR/PEN/KER-2674 DATED 02/11/1981. EXT.P3: COPY OF THE ORDER NO.P19 LG/2001-02/317 DATED 23/07/2001 ISSUED BY THE 3RD RESPONDENT. EXT.P4: COPY OF THE LETTER NO.19/LG/2000-01/293 DATED 08/02/2001 ISSUED BY THE 3RD RESPONDENT. EXT.P5: COPY OF THE LETTER NO.P9/LG 2000-01/7, DATED 24/04/2001 ISSUED BY THE 4TH RESPONDENT. EXT.P6: COPY OF THE REPRESENTATION DATED 15/06/2001 SUBMITTED BY THE PETITIONER TO SMT.VASUDHARA RAJE SINDIA. ANNEXURE A: COPY OF THE LAST REPRESENTATION DATED 25/02/2005 SENT THROUGH ALAPPUZHA M.P. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE rs K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 24182 OF 2005 ----------------------------------------------------------- Dated this the 25th October, 2011. JUDGMENT The petitioner is a person who had joined the Assam Riffles on 25-5-1967 as a fully medically fit person. However, he was discharged from service on 28-9-1981 with 80% disability for life due to a disease 'Poly Arthritis'. His disability was considered to be attributable to his service and therefore he was granted disability pension for the said 80% disability, for life. However, subsequently, the percentage of his disability was reduced to 70% by respondents, according to the petitioner, without even conducting a medical examination. No review of the condition of the petitioner was made by a Medical Board or such other competent authority before reducing his percentage of disability. On the basis of the above, the petitioner's pension has also been reduced. Subsequently the pension bas been reduced further, as per Ext.P5. The petitioner has filed this writ petition challenging the same. The petitioner has subsequently filed I.A.10296/2007 producing Ext.P7 which is a representation by him to the third respondent setting out his grievances and seeking redressal of the WPC 24182/2005 2 same. He seeks the issue of appropriate directions for consideration and disposal of Ext.P7. 2. In view of the limited relief that is sought, I am of the view that this writ petition can be disposed of directing the third respondent to consider and dispose of Ext.P7 expeditiously. 3. This writ petition is accordingly disposed of directing the third respondent to consider Ext.P7 representation submitted by the petitioner 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 jj P.S.to Judge WPC 24182/2005 3