IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 WP(C).No. 2278 of 2009(U) ------------------------- PETITIONER(S): --------------- SIMON.K.P.(NO.14470443 H),HAVILDAR (OPR) (UNDER ORDERS OF DISCHARGE),174/66,FIELD REGIMENT, C/O.56 APO,RESIDING AT KIDANGAYIL HOUSE' VELLAPPARA P.O., PRAMADAM VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT, KERALA. BY ADV. SRI.S.HARIKRISHNAN RESPONDENT(S): --------------- 1. UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF DEFENSE AFFAIRS, NEW DELHI-110001. 2. THE CHIEF OF ARMY STAFF,ARMY HEAD QUARTERS, NEW DELHI. 3. THE DIRECTOR GENERAL OF ARMED FORCES MEDICAL SERVICE, 'M'BLOCK, MINISTRY OF DEFENSE AFFAIRS, NEW DELHI-110001. 4. THE CHIEF CONTROLLER OF DEFENCE ACCOUNTS (PENSIONS),ALLAHABAD. 5. THE OFFICER -IN-CHARGE, RECORDS OFFICE (ARTILLERY RECORDS) NASIK ROAD CAMP, NASIK, MAHARASTRA. 6. THE OFFICER COMMANDING, 66 FIELD REGIMENT, C/O.56 APO. 7. THE DIRECTOR GENERAL OF ARTILLERY (ARTY- 7) G.S.BRANCH, AHQ,DHQ P.O. NEW DELHI. ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.2278/2009-U ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 21st day of January, 2009 J U D G M E N T The petitioner is an applicant for grant of disability pension. It is submitted that he has suffered severe head injury in the frontal lobe of his brain in a grenade attack by terrorists in the military operation, 'Rakshak', at Srinagar in the year 1994. The petitioner submits that he has been a Havildar (Operations) in the Artillery wing of 174/66, Field Regiment, C/o.56 APO of the Indian Army. He was discharged with effect from 01/06/1997 due to invalidation and consequential placement in the low medical category 'EEE' by the Medical Board. According to the petitioner, he is entitled for payment of disability pension. But the same was rejected by Ext.P5. Aggrieved by the same, he has filed an appeal before the first appellate committee, which is produced as Ext.P7. The petitioner seeks for a direction to the second respondent to consider and pass orders on Ext.P7. 2. Heard Sri.P.Parameswaran Nair, Assistant Solicitor General also. 3. There will be a direction to the second respondent to hear and dispose of Ext.P7 on its merits within a period of four months from the date W.P.(C) No.2278/2009 -:2:- of receipt of the copy of this judgment. The petitioner will produce copy of the writ petition along with the copy of the judgment for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms