IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 WP(C).No. 28554 of 2008(Y) --------------------------------------- PETITIONER: ------------------- DR.M.D.JOY, S/O.LATE M.P.DEVASSY, AGED 56 YEARS, RETIRED CIVIL SURGEON, RESIDING AT MANJALI HOUSE, HOUSE NO.6/147, LOURDPURAM, EAST FORT, THRISSUR. BY ADV. MR.MILLU DANDAPANI. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRTARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER, (HEALTH), THRISSUR. 4. THE ACCOUNTANT GENERAL, OFFICE OF THE ACCOUNTANT GENERAL, THIRUVANANTHAPURAM. R1 TO R3 BY GOVT. PLEADER SMT. SUDHA DEVI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.28554/2008-Y: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER, G.O.(RT).NO.2856/0/H7FWD DTD. 29/09/2006 ISSUED BY THE R.1. TO THE PETITIONER. EXT.P.2: COPY OF THE COMMUNICATION NO.B5-5795/06/DH. DTD. 04/01/2007 OF THE SUPERINTENDENT, DISTRICT HOSPITAL, THRISSUR TO THE R.2. EXT.P.3: COPY OF THE COMMUNICATION NO.AE2/14101/2007/DHS DTD. 22/02/2007 ISSUED BY THE R.2. TO THE R.4. EXT.P.4: COPY OF THE COMMUNICATION NO. D3-677/07 DTD. 01/08/2007 ISSUED BY THE R.3. TO THE R.2. EXT.P.5: COPY OF THE REPORT NO. P.R. 2100824254 P-16/2/1008038612/178 DTD. 22/08/2008 OF THE R.4. TO THE R.2. EXT.P.6: COPY OF THE MEDICAL CERTIFICATE DTD. 24/08/2005 ISSUED BY THE MEDICAL BOARD TO THE PETITIONER. EXT.P.7: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE R.2. ON 18/08/2008. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. V.GIRI, J. ------------------------- W.P.(C).No.28554 of 2008 ------------------------- Dated this the 24th day of March, 2009. JUDGMENT The petitioner retired from the Health Services Department as Civil Surgeon, on 30.4.2007. He is aggrieved by the non-disbursal of the Pension, Death cum Retirement Gratuity and Commuted Value of Pension due to him. He has, therefore, approached this court for a direction to pay those amounts along with interest. 2. It is now reported that the retirement benefits have been paid during the pendency of the writ petition. What remains, therefore, is the claim for interest. Learned counsel for the petitioner submits that the claim for interest may be first considered by the Government. 3. Accordingly, it is ordered that if the petitioner files a representation before the Government for interest on the alleged delayed payment of the retirement benefits W.P.(C).No.28554 of 2008 :: 2 :: within one month from today, the same shall be looked into and a decision taken thereon within two months from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. Sd/- (V.GIRI) JUDGE sk/ //true copy//