V T RAGHUNATH Vs. HIGH COURT OF KERALA

JUDGEMENT

(1.) The prayers in this writ petition are as follows:

(2.) Heard the petitioner, learned counsel appearing for the 1 st respondent and the learned Government Pleader appearing for the Accountant General.

(3.) It is contended by the petitioner that he was working as Special Judge for NDPS cases, Thodupuzha and Additional District and Sessions Judge, when he was relieved from duty with effect from 31.10.2010 in terms of Rule 7A of the Kerala State Higher Judicial Service Special Rules, 1961. It is stated that the Governor had granted approval for the retirement of the petitioner on 11.10.2011. Thereafter, the petitioner had applied for commutation of pension on 1.9.2012. By Exhibit P8, the Accountant General had informed the High Court that the petitioner had been compulsorily retired on 31.10.2010 and his application for commutation dated 1.9.2012 is more than one year after the retirement and therefore, the petitioner has to undergo medical examination and to be declared as medically fit in order to proceed further with the application for commutation of pension. This was in reply to Exhibit P7(a) request made by the High Court for expedience of the proceedings with regard to commutation of pension of the petitioner.