IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 18646 of 2005(T)
1. M.V.THOMAS, MANEPARAMBIL HOUSE,
... Petitioner
Vs
1. THE CHAIRMAN, THE LIFE INSURANCE
... Respondent
2. THE SECRETARY, PENSION CELL,
3. THE DIVISIONAL MANAGER,
For Petitioner :SMT.SANTHAMMA ISSAC
For Respondent :SRI.S.EASWARAN
The Hon'ble MR. Justice K.K.DENESAN
Dated :08/11/2006
O R D E R
K.K. DENESAN, J.
= = = = = = = = = = = = = = =
W.P.(C) No. 18646 OF 2005 T
= = = = = = = = = = = = = = =
Dated this the 8th November, 2006
J U D G M E N T
After retirement from the Army, the petitioner was
sponsored through the soldier’s cell as well as the
Employment Exchange for job opportunity under the
respondents. He was offered an appointment. He joined
duty in November, 1995 in the establishment of the
respondents and retired from service on 31-3-2005. He
has not been granted pensionary benefits as he did not
have 10 years service under the respondents which is
the minimum period prescribed for the grant of pension.
The claim made by the petitioner for pension was turned
down by the respondents as seen from Exts. P1 and P2
orders.
2. Counsel for the petitioner submits that the
petitioner has not sought for any relief directly
against Exts. P1 and P2 since he has moved the same
authority for a re-consideration of the earlier orders
by filing Ext. P4 representation before the Chairman of
the Corporation. The contention of the petitioner is
that the Corporation had accepted the option made by
WPC No. 18646/2006 -2-
the petitioner for pension and it may not fit in with
the principles of justice to go back from the earlier
stand taken by the Corporation.
3. A detailed counter affidavit has been filed by
the respondents maintaining the stand taken by them as
per Exts. P1 and P2.
4. It is unnecessary for this Court to consider
the contentions taken by the petitioner in the writ
petition or those by the respondents in the counter
affidavit since the limited relief prayed for by the
petitioner is for a direction to the 1st respondent to
consider Ext. P4 representation. I feel that the
relief thus prayed for can be granted in the facts and
circumstances of this case.
5. The writ petition is disposed of directing the
1st respondent to consider Ext. P4 and pass appropriate
orders within three months on the petitioner producing
a copy of the judgment.
K.K. DENESAN
JUDGE
jan/-