Arun O.Nair vs Senior Record Officer on 11 June, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 16145 of 2009(K)


1. ARUN O.NAIR,S/O.OMANAKUTTAN NAIR,
                      ...  Petitioner

                        Vs



1. SENIOR RECORD OFFICER,O/C PENSION GROVE
                       ...       Respondent

2. ADDL.DTE QEB PERSONAL SERVICE,ADJUTANT

3. GOVT.OF INDIA,MINISTRY OF DEFENCE,

                For Petitioner  :SRI.JOHNSON MANAYANI

                For Respondent  :SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :11/06/2009

 O R D E R
                           P.N.RAVINDRAN, J.
                      -------------------------------------
                       W.P.(C)No.16145 of 2009
                     --------------------------------------
                         Dated 11th June, 2009

                                JUDGMENT

Heard Sri.Johnson Manayani, the learned counsel

appearing for the petitioner and Sri.P.Parameswaran Nair, the learned

Assistant Solicitor General of India appearing for the respondents.

2. The petitioner is an Ex-serviceman. He was discharged

from the Indian Army on 15.5.2007 on medical grounds. The

petitioner thereafter moved the competent authority for disability

pension. That request was rejected and the decision rejecting the

request was communicated to the petitioner by Ext.P2 letter dated

13.9.2007 sent by the first respondent. Aggrieved thereby the

petitioner moved the Chief of Army Staff in appeal. That appeal was

rejected. Thereupon the petitioner moved the Honourable Minister for

Defence who is also the Chairman of the Appeal Committee on

Pensions constituted by the Ministry of Defence, Government of India

by submitting Ext.P3 appeal. By Ext.P4 letter dated 25.10.2008 the

first respondent informed the petitioner that the said appeal has been

forwarded to the Appeal Committee constituted by the Ministry of

Defence. The petitioner submits that though more than eight months

have passed after the appeal was filed, till date the appeal has not

been heard and disposed of. In this writ petition, the petitioner prays

for a writ in the nature of mandamus commanding the Union of India

WP(C).No.16145/2009 2

to consider Ext.P3 appeal and pass orders thereon within a time limit

to be fixed by this Court.

3. The pleadings disclose that the petitioner was

discharged from the Indian Army on 15.5.2007 on medical grounds.

Nearly two years have passed thereafter. Ext.P1 discharge certificate

discloses that the petitioner was discharged due to Schizophrenia.

Since nearly two years have passed after the petitioner was

discharged, it is only desirable that an expeditious decision is taken on

the claim made by him for disability pension. Though the original

authority had declined the petitioner’s request for grant of disability

pension and the appellate authority has upheld the said decision, the

issue is now pending with the Government of India in second appeal.

In the above circumstances, I dispose of this writ petition

with a direction to the third respondent to consider Ext.P3 appeal and

pass orders thereon expeditiously and in any event within three

months from the date on which the petitioner produces a certified copy

of this judgment along with a copy of the writ petition. The third

respondent shall after orders are passed as directed above,

communicate a copy thereof to the petitioner.

P.N.RAVINDRAN
Judge

TKS