The Court dismissed a review petition challenging a judgment regarding pension calculation. The Court held that the rounding off rule applicable later was not in force when the veteran was boarded out of service in 1974, so the pension was validly calculated then.
The review petition is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN
TUESDAY, THE 16TH NOVEMBER 2010 / 25TH KARTHIKA 1932 RP.No. 557 of 2010(V) --------------------AGAINST THE JUDGEMENT/ORDER IN WPC.19501/2004 Dated 23/02/2010 ....................
REVIEW PETITIONER(S): / PETITIONER
K.KUNJULEKSHMI, W/O.LATE S.KUMARAN, EXGS 096071 PIONEER, RESIDING AT MUDEETHARA PADEETTATHIL HOUSE, PUTHIAVILA SOUTH, PATTOLI MARKET P.O., ALAPPUZHA DISTRICT.
BY ADV. SRI.R.RAJASEKHARAN PILLAI SMT.SABINA JAYAN
RESPONDENT(S): / RESPONDENTS
ADV. SRI.GEORGE JOSEPH, CGC FOR R1 TO 6 SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R1 TO R6
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 16/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
P.N.RAVINDRAN , J.
R.P. No.557 OF 2010 IN W.P.(C) No. 19501 OF 2004
Dated this the 16th day of November, 2010
O R D E R
Heard Sri. R.Rajasekharan Pillai, the learned counsel appearing for the review petitioner. The learned counsel relies on an unreported decision of a learned single Judge of this Court in O.P.No.9619 of 1997, as affirmed by the Division Bench in W.A. No.821 of 1998 to contend that the period of nine years three months and twenty seven days of service which Sri. S.Kumaran had as Pioneer in the General Reserve Engineering Force, should have been rounded off to 10 years of service and invalid pension should have been paid to him at the time of discharge.
RP No.557/2010 2
rule 49(3) had not come into effect. In such circumstances, I am of the opinion that in the case of the petitioner's husband, the respondents were not bound to round off the length of service which he had as 10 years. I therefore find no grounds to entertain the review petition. The review petition fails and is accordingly dismissed.
P.N.RAVINDRAN, (JUDGE)
vps
RP No.557/2010 3
RP No.557/2010 4
2 issues framed by the court
Whether the service period of S.Kumaran was subject to rounding off to 10 years given that the relevant amendment was not in effect at the time.
Whether the review petition raises sufficient grounds to disturb the concluded judicial decision.
K.KUNJULEKSHMI
THE UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF ROADS AND HIGHWAYS
P.N.RAVINDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
