P.J.Tommy vs N.Mohan Kumar on 5 September, 2005

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Con Case(C) No. 765 of 2005(S)


1. P.J.TOMMY, S/O.P.A.JOSEPH, CHIEF
                      ...  Petitioner

                        Vs



1. N.MOHAN KUMAR, AGED ABOUT 52 YEARS,
                       ...       Respondent

                For Petitioner  :SRI.K.DIVAKARAN NAIR

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble the Chief Justice MR.RAJEEV GUPTA
The Hon'ble MR. Justice K.S.RADHAKRISHNAN

 Dated :05/09/2005

 O R D E R
                       PIUS C. KURIAKOSE, J.
                   ----------------------------------
                       C.O.C NO.765 of 2007
                   ----------------------------------
               Dated this the 23rd day of July , 2007

                             JUDGMENT

Heard both sides. The learned Standing Counsel submits

that in spite of Annexure R1 communication, the petitioner has not

produced medical examination report, which is mandatory as per the

commutation rules under Part III of KSR. Sri.P.Jayakumar, the learned

counsel for the petitioner submits that Annexure R1 was issued only

after the petitioner moved this court. Whatever that be, since it is

obvious that production of the medical examination report called for

under Annexure R1 is mandatory for releasing commutted value of

pension to the petitioner, I dispose of this Contempt of Court Case

directing the petitioner to produce the medical examination report

called for under Annexure R1 before the respondent immediately and I

direct the respondent also to ensure that the petitioner receives

Commutted Value of Pension within three weeks of the petitioner

producing that report.

PIUS C. KURIAKOSE,

JUDGE.

dpk

COC No. 765/2007 2