IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 33472 of 2006(I)
1. VITTALA SHENOY (RETIRED LD COMPILER),
... Petitioner
Vs
1. PRINCIPAL SECRETARY,
... Respondent
2. DIRECTOR OF ECONOMICS AND STATISTICS,
For Petitioner :SRI.P.N.MOHANAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :17/02/2009
O R D E R
T.R. Ramachandran Nair, J.
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W.P.(C). No.33472/2006-I
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Dated this the 17th day of February, 2009
J U D G M E N T
The petitioner is seeking for invalid pension. He joined as
L.D.Compiler on 12/12/1977 under the second respondent-Director of
Economics and Statistics, Thiruvananthapuram. Because of mental
depression and ill health initially he availed eligible leave. Later on, he
entered on leave without allowance on 14/11/1982 on medical grounds and
leave was granted for 23 months from 14/11/1982 as per Ext.P1 order. This
was extended upto 15/04/1990 on medical grounds as per G.O.(Rt).
No.501/89/Plg, dated 25/10/1989. He was under treatment in the Santhigiri
Ashram and Medical College, Pothencode, Thiruvananthapuram. Later on,
he filed an application for extension of leave and sanction of invalid
pension. By Ext.P2, the second respondent requested the Director of Health
Services to obtain the final recommendation of the Medical Board on the
question for granting invalid pension. As per Ext.P3 letter, the petitioner
was requested to appear before the Medical Board for examination and on
08/02/1991 he was examined by the Board. Ext.P4 shows that the Medical
Board examined the petitioner and issued medical certificate stating that the
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petitioner is completely and permanently incapacitated for further services
of any kind in the Department to which he belongs in consequence of
Chronic Schizophrenia and he will develop irregular and intemperate habits.
2. The petitioner has relied on Rule 42(1) and 42(2) of Part III
KSR wherein in support of his case it is stated as follows:-
“42(1) Where the Government/pension
sanctioning authority have/has reason to believe that an
employee is suffering from a contagious disease, or
physical or mental disability or infirmity which in
their/its opinion interferes with the efficient discharge of
his duties, they/it may direct him to undergo medical
examination by a Medical Board or Medical Officer with
a view to ascertain whether he may be retired from
service on invalid pension.
42(2) An invalid pension shall be granted to an
employee who, having appeared on the directions of the
Government/pension sanctioning authority under sub-
rule (1) or on his own application, before a duly
constituted Medical Board or Medical Officer, is
certified by such Medical Board or Medical Officer to be
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permanently incapacitated by a contagious disease or
physical or mental disability or infirmity for the public
service or for the particular branch of it to which he
belongs.”
3. According to the petitioner, the above provisions have been
strictly followed, but further actions were not taken. Due to the delay in the
matter, he again filed Ext.P5 representation before the second respondent.
By Ext.P6 he was given a reply to the effect that the petitioner has not been
sanctioned his leave and he was further directed to produce the medical
certificate stating the date from which he became invalid to sanction
pension. The petitioner submitted Ext.P7 reply. In the meanwhile he
retired from service on 31/10/2005.
4. In the counter affidavit filed by the first respondent, the stand
taken is that the petitioner has not forwarded Ext.P4 medical certificate
issued by the Medical Board to the Director of Economics and Statistics at
the relevant point of time. It is, therefore, submitted that action could not be
taken in the absence of medical certificate. In paragraph (3) of the reply
affidavit it is stated that normally, the Medical Board will issue the
certificate of the examination of a mental patient to the Director of Health
Services who in turn might have forwarded it to the second respondent.
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5. The stand taken, therefore, that the medical certificate did not
reach the Director of Health Services cannot be said to be correct. But as on
today, the respondents have not explained as to whether the certificate was
received from the Medical Board or not.
6. Even though this Court, on 25/11/2008, specifically directed
the learned Government Pleader to get instructions from the second
respondent as to whether the petitioner had made available the original of
Ext.P4 or whether it was directly received by him from the Medical Board,
the affidavit filed does not show any of those aspects.
7. Therefore, the matter has to be considered with the aid of
available materials. In the statement filed on behalf of the Director of
Health Services dated 10/02/2009 it is admitted that after examination of
each candidates, the Medical Examination Report is directly send by post to
the offices from where request was received to conduct Medical
Examination.
8. Therefore, in normal circumstances, the Medical Certificate
should have reached the concerned office. Merely because the petitioner
has relied on Ext.P4, the respondents cannot take a stand that the application
for pension cannot be considered in the absence of the certificate.
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9. Even now, the statement filed on behalf of the Director of
Health Services does not throw any light on the original of Ext.P4.
Therefore, his case can be considered in the light of Ext.P4 produced herein.
10. Therefore, there will be a direction to the respondents to
consider the case of the petitioner for grant of invalid pension in the light of
Ext.P4 certificate and as per Rule 42 of Part III KSR. Appropriate orders
shall be passed within two months from the date of receipt of the copy of
this judgment. The petitioner will produce a copy of this judgment along
with a copy of this writ petition before the respondents for compliance.
Petitioner will be offered an opportunity to produce fresh materials if any.
If a further medical examination is needed, before passing orders, he will be
given due intimation.
The writ petition is disposed of as above. No costs.
(T.R. Ramachandran Nair, Judge.)
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