IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 26TH SEPTEMBER 2011 / 4TH ASWINA 1933 WP(C).No. 25517 of 2011(L) -------------------------- PETITIONER(S): --------------- A.V.SUBRAMANIYAN, AGED 72, S/O.LATE VELAYUDHAN, SREELAKSHMI, VRINDAVAN STREET, EVANNOOR, THRISSUR. BY ADV. SRI.N.ANILKUMAR RESPONDENT(S): -------------------- 1. CHIEF MECHANICAL ENGINEER, COCHIN PORT TRUST, W.ISLAND, KOCHI-682 009. 2. THE CHAIRMAN, COCHIN PORT TRUST, W.ISLAND, KOCHI-682 009. R1 & R2 BY ADV. SRI.E.K.NANDA KUMAR, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO.25517/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE JUDGMENT DATED 22/12/2009 OF THIS HONOURABLE COURT IN WRIT PETITION (CIVIL) NO.8551 OF 2005. P2: COPY OF THE APPLICATION DATED 20/01/2011 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT. P3: COPY OF THE REMINDER LETTER DATED 06/05/2011 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT. P4: COPY OF THE REPRESENTATION DATED 11/05/2011 SUBMITTED BEFORE THE 2ND RESPONDENT. P5: COPY OF THE LETTER DATED 17/06/2011 ISSUED BY THE FIRST RESPONDENT. P6: COPY OF THE REPRESENTATION DATED 12/07/2011 SUBMITTED BEFORE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.25517 of 2011 ---------------------------- Dated 26th September, 2011 JUDGMENT The petitioner is a retiree from the service of the Cochin Port Trust. While he was in service, disciplinary proceedings were initiated against him and that ultimately culminated in his removal from service. Later, as per order dated 21.6.2004 of the second respondent, the said order was modified and substituted by punishment of compulsory retirement. Later, he was granted 2/3rd of the normal pension as per order dated 18.4.2004. That was challenged by the petitioner by filing W.P.(C)No.8551 of 2005. The said writ petition was allowed, as per Ext.P1 judgment, and the petitioner was directed to be given full pension. Pursuant to Ext.P1, the petitioner was granted full pension. However, his request for commutation of pension was not favourably considered. In fact, that was rejected as per Ext.P5. Feeling aggrieved by Ext.P5, the petitioner has filed Ext.P6 representation before the second respondent. Ext.P5 is dated 17.6.2011. This writ petition has been filed on being aggrieved by the delay in the matter of disposal of Ext.P6 representation. The contention of the petitioner is that in the light of Central Civil Services (Pension) Rules he is entitled to commutation of pension. It is in the said circumstances that he has submitted Ext.P4 WP(C).No.25517/2011 2 representation. There was no reason at all to reject the said request, as per Ext.P5. In fact, it is taking such contentions that he has approached the second respondent through Ext.P6. Since Ext.P6 is pending consideration before the second respondent, without making any observation as to the merits of the contentions raised in this writ petition and also in Ext.P6, this writ petition is disposed of with a direction to the second respondent to consider and pass appropriate orders on Ext.P6 taking into account the provisions under the CCS (Pension) Rules. This shall be done expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment. Sd/- C.T.RAVIKUMAR Judge TKS