IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 WP(C).No. 8376 of 2009(N) ------------------------- PETITIONER(S): --------------- SIKHAMONY, W/O.K.K.PREMJI,AGED 46 YRS, SIVAGANGA, CLAPPANA.PO, KOLLAM-690525,REPRESENTED BY HER POWER OT ATTORNEY HOLDER K.K.PREMJI. BY ADV. SRI.P.B.SURESH KUMAR SRI.LEO GEORGE RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER OF HEALTH, KOLLAM. 4. THE SUPERINTENDENT, GOVERNMENT VICTORIA HOSPITAL, KOLLAM. GOVERNMENT PLEADER P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 8376/2009 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE LETTER DTD.9.10.07 BY R3. P2. COPY OF THE MEDICAL CERTIFICATE DTD.19.10.07. P3. COPY OF THE LETTER DTD.22.12.08 BY R2. P4. COPY OF THE LETTER DTD.11.12.09 OF R2. P5. COPY OF THE LETTER DTD.16.12.09 P6. COPY OF THE LETTER DTD.16.12.09. RESPONDENT(S)' EXHIBITS: R3A. COPY OF THE REQUEST DTD.4.4.09. sdk+ ///True copy/// P.A. to Judge S S.SIRI JAGAN, J. ================== W.P.(C).No.8376 of 2009 ================== Dated this the 13th day of December, 2010 J U D G M E N T As a result of being medically incapacitated, the petitioner has ceased to be in service of the Government of Kerala. The petitioner seeks disability pension under Rule 42 of Part III of Kerala Service Rules. The same has been rejected on the ground that the petitioner has not produced an acceptable medical certificate. On 22.7.2009, this Court passed the following order: “Heard the learned counsel appearing on both sides. There will be an interim order directing the Director of Health Services to constitute a Medical Board to ascertain whether she is suffering from any physical disability or infirmity which interferes with the efficient discharge of her duties as a Staff Nurse in Government service. The petitioner shall, on receipt of notice through her power of attorney holder, appear before the Medical Board at her own expense. The Medical Board shall after examining the petitioner certify whether she is fit to continue in public service and issue a certificate according to their assessment of the petitioner's medical condition. The Director of Health Services shall thereafter produce the certificate issued by the Medical Board in this Court through the learned Government Pleader. The entire exercise shall be carried out within three months from today.” 2. Pursuant to the same, a medical certificate dated 16.12.2009 has been obtained, which the learned Government Pleader today produces before me. The learned counsel for the petitioner now submits that the petitioner's claim for invalid pension may now be directed to be considered in the light of that medical certificate. 3. Having heard the learned Government Pleader also, I o.p.8376/09 2 dispose of this writ petition with a direction to the 2nd respondent to consider the claim of the petitioner for invalid pension in the light of the medical certificate dated 16.12.2009 obtained pursuant to the interim order dated 22.7.2009, as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge