IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 14TH MARCH 2008 / 24TH PHALGUNA 1929 RP. No. 529 of 2006(S) ---------------------------- AGAINST THE JUDGEMENT/ORDER IN COC.480/2005 Dated 07/06/2006 .................... REVIEW PETITIONER/PETITIONER: ----------------------------------------- T.D. GEORGE, AGED 58 YEARS, S/O. DAVEED, THENGANAL HOUSE, VALAMBOOR, KADAYIRIPPU P.O., KOLENCHERY, ERNAKULAM. BY ADV. SRI. A.X. VARGHESE RESPONDENT/RESPONDENT: ---------------------------------- A. VELAYUDHAN, (FATHER'S NAME AND AGE NOT KNOWN TO THIS PETITIONER), THE DIRECTOR OF SURVEY AND LAND RECORDS, SURVEY OFFICE, VAZHUTHAKKADU, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT. K.R. DEEPA. THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 14/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH, J. ------------------------------------------ Review Petition No. 529 OF 2006 in Contempt Case (C) No.480 OF 2005 ------------------------------------------- Dated this the 14th day of March, 2008. O R D E R Petitioner approached this Court with the following grievances: 1) Commutation of pension 2) Dispute regarding balance of Family Benefit Scheme to the extent of Rs.936/-. 3) Grade promotion 4) Chainman wages 5) Travelling allowance etc. Since the petitioner has been conducting litigation for several years and the grievance of the petitioner could not be redressed, this Court appointed Adv.Elvin Peter as Amicus Curiae. Thanks to the efforts taken by the counsel; it is heartening to note that the grievances could be redressed in the presence of the officers and the petitioner in the following manner: 2. Learned Government Pleader submits that since the application for commutation of pension has not been filed within one year, under Rule 5 of Appendix-X of Kerala Service Rules, R.P. 529/2006 2 petitioner has to be examined by a competent medical board. But it is to be seen that under Rule 5A of Appendix-X, medical examination shall not be necessary, in case the application is made within one year of the date of retirement. In this case, it is seen that the petitioner had made an application within one year of his retirement. But the application was defective and hence the same could not be received on file. Since the petitioner had made an application within one year of his retirement, I do not think at this juncture and at this distance of time petitioner should be subjected to a medical examination for the purpose of commutation of pension. Therefore, there will be a direction to the respondent to take appropriate action for commutation of pension without insisting for medical examination and grant the commutation within a period of one month from today. 3. As far as the deficit in Family Benefit Scheme is concerned, even if the suspension period is excluded, petitioner has got more than 23 years of service and hence he is entitled for deficit. Therefore, there will be a direction to the respondent to release the deficit of Rs.936/- to the petitioner within a period of one month from today. R.P. 529/2006 3 4. As far as Higher Grade promotion is concerned, it is submitted that the same can be granted and the pay can be fixed within a period of five months from today. It is made clear that in case the eligible higher grade promotion is not granted and the arrears due to him are not disbursed within the said period of five months, petitioner shall be entitled to 12% interest on the arrears with effect from today. As far as chainman wages and arrears of travelling allowance etc. are concerned, it is seen that the petitioner has retired from service in July 2000. It is not feasible for the respondent at this distance of time to trace the files with regard to the claims. Apparently those claims have become stale now. Petitioner should have pursued those claims while he was in service. Now that he is out of service and that too eight years have passed since his retirement, no action can be taken by the respondent. Therefore, the respondent cannot be compelled to take any action on those counts. This review petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp