IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 WP(C).No. 37773 of 2007(V) -------------------------- PETITIONER(S): --------------- JAYAPRAKASH S., RETIRED RADIO OPERATOR, 6TH BATTALION ASSAM RIFLES, RESIDING AT NJAKKANAL, KOLLAM. BY ADVS. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) RESPONDENT(S): --------------- 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF DEFENCE, NEW DELHI. 2. THE DIRECTOR GENERAL ASSAM RIFLES, D GAR (PO), SHILLONG. 3. THE COMMANDANT, 6 AR, C/O. 99 APO. ADV. SRI.P.PARAMESWARAN NAIR, ASST.SOLICITOR GENERAL FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 37773/2007 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : A TRUE COPY OF THE DISCHARGE CERTIFICATE ISSUED TO THE PETITIONER. EXHIBIT P2 : TRUE COPIES OF THE SOME OF THE MEDICAL REPORTS IN RESPECT OF THE PETITIONER. EXHIBIT P3 : A TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT ON 4.12.2006. EXHIBIT P4 : A TRUE COPY OF THE COMMUNICATION RECEIVED BY THE PETITIONER FROM THE 2ND RESPONDENT. EXHIBIT P5 : A TRUE COPY OF THE REQUEST DATED 18.6.2007 SUBMITTED BY THE PETITIONER. /TRUE COPY/ P.A. TO JUDGE. vkm P.N. RAVINDRAN, J ----------------------------- W.P.(C) No. 37773 OF 2007 ------------------------------------- Dated this the 22nd day of October, 2008 JUDGMENT The petitioner served in the Indian Army as a Radio Operator. He was discharged from service on 30.4.1999. According to the petitioner, he was discharged from service at his own request. But according to the respondents it was a case of resignation. The petitioner contends that he was compelled to take retirement on account of the serious differences of opinion with the Commanding Officer. After discharge from the Indian Army he applied for pension. That request was turned down by Ext. P4 letter dated 4.1.2007. The petitioner has aggrieved by the denial of pension submitted Ext. P5 representation to the Secretary to Government of India, Ministry of Defence seeking his interference in the matter. 2. When the Writ Petition came up for hearing today, Sri. P. Sreekumar, the learned counsel appearing for the petitioner submitted that petitioner's health is fast deteriorating and that as the petitioner has already moved the Central Government seeking redressal of his grievances the contentions raised by the petitioner W.P.(C) No. 37773/07 -2- may be left open and the Central Government may be directed to consider Ext. P5 and pass orders thereon expeditiously and within a time limit to be fixed by this Court. 2. I have also heard Sri. P. Parameswaran Nair, the learned Assistant Solicitor General of India appearing for the respondents. The Assistant Solicitor General of India submitted that as the petitioner has already moved the Secretary to Government, Ministry of Defence aggrieved by Ext. P4, the Government will take a decision in the matter and communicate the same to the petitioner at the earliest. In the light of the submission, I dispose of the Writ Petition with a direction to the Secretary to Government, Ministry of Defence, Government of India, New Delhi to consider Ext. P5 representation filed by the petitioner and take a decision thereon, within three months from date of receipt of a copy of this judgment. The petitioner shall with a view to enable the Secretary to Government, Ministry of Defence to take a decision in the matter forward to him a copy of this Writ Petition along with a certified copy of this judgment within three weeks from today. P.N. RAVINDRAN, JUDGE vkm