IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.12249 OF 2011 Date:27.04.2011 Between:- B.S.S.Reddy .. Petitioner And The Government of India, rep.by its Secretary, Home Department, New Delhi and others. .. Respondents ORDER:- This Writ Petition is filed to issue a writ of mandamus to declare the action of respondent No.4 in not processing the representations of the petitioner, dated 16.12.2010 and 28.01.2011, submitted through proper channel, with a request to permit him to proceed on Invalidation Pension under Rule 38 of CCS Pension Rules, 1972 (for short, ‘Pension Rules’) on medical grounds for disability suffered due to serious accidental injuries while on active government duty on 20.12.2008 as illegal and arbitrary. 2. The case of the petitioner is that the Medical Superintendent, B.H.E.L. General Hospital vide his referral letter, dated 22.02.2011, has declared him permanently unfit for service in CISF and further Sarojini Hospital, Hyderabad on the ground that his visual disability percentage is 40%. He has submitted representations on 16.12.2020 and 28.01.2011 to authorities to permit him to proceed on invalidation pension under Rule 38 of the Pension Rules. He has completed 23 years of service and eligible for voluntary retirement under Rule 48(A) of the Pension Rules, as he has suffered accidental injuries while on active duty and entitled for financial benefits, if his case is processed for invalidation on medical grounds. 3. Heard both sides. 4. As per Rule 38 of the Pension Rules, necessary application has to be filed by the petitioner before the Commandant-respondent No.4. Whether the petitioner is entitled to the relief sought for, has to be decided and resolved by the competent authority in accordance with rules governing the service conditions of the petitioner. Hence, the petitioner has to make an application before respondent No.4. On making such an application, respondent No.4 shall dispose of the same within a period of four (4) weeks thereafter in accordance with law. 5. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. _​_____________________ JUSTICE K.C.BHANU 27th April, 2011 AMD THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.12249 OF 2011 Date:27-04-2011 AMD