IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931 WP(C).No. 12229 of 2009(W) -------------------------- PETITIONER(S): --------------- 1. P.PREMKUMAR,S/O.SHRI.CHANDRASEKHARAN NAIR, 'KARTHIKA', PUNNAPRA.P.O., ALAPPUZHA DIST. PRESENTLY WORKING AT 2221 B SON, AF C/O 2218 SON AF C/O 56 APO 2. P. CHANDRASEKHARAN NAIR, 'KARTHIKA' PUNNAPRA.P.O., ALAPPUZHA, KERALA. BY ADV. SRI.T.R.JAGADEESH RESPONDENT(S): --------------- 1. UNION OF INDIA REP.BY THE SECRETARY MIISTRY OF DEFENCE NEW DELHI. 2. CHIEF OF THE AIR STAFF AIR HEADQUARTERS (VB) NEW DELHI-110011. 3. DORECTOR OF PERSONNEL(AIRMEN), AIR HQ(VB), NEW DELHI-11. 4. AIR OFFICER COMMANDING AIR FORCE RECORD OFFICE, SUBROTO PARK, NEW DELHI-10. 5. COMMANDING OFFICER 2218, SWUADRON, AIR FORCE, C/O. 56, APO AIR OFFICER COMMANDING. ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR SRI.T.P.M.IBRAHIM KHAN,ASST.SOLICITOR FOR R1 TO 5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.12229 OF 2009 () -------------------------------------------------- Dated this the 20th day of October, 2009 J U D G M E N T Petitioner is a Missile Fitter working under the respondents. Ext.P2 is an order issued by the respondents, permitting discharge of Airmen on compassionate and other grounds. Among the compassionate grounds illness of parents is one of the grounds for discharge. Petitioner sought discharge from service on the ground that he is the only son of his parents and that his father is very old, sick and is seriously ill. Ext.P1 medical certificate of his father was also produced to substantiate his request. 2. However, that request made has been rejected by Ext.P7, a communication issued to his father on the ground that the petitioner has completed only 15 years and 7 months as against initial engagement of 20 years and therefore it was not possible to grant discharge. Counsel for the petitioner submits that the reasoning in Ext.P7 is incorrect as Ext.P2 itself permits discharge before the expiry of initial engagement. WPC.No.12229/09 :2 : 3. At the time when the writ petition came up for orders this court directed the Standing Counsel for respondents to consider whether it was possible to post the petitioner at Thiruvananthapuram or Coimbatore, so that the petitioner can look after his ailing father while continuing in service. Today when the matter came up, the standing counsel submits that neither is it possible to consider the request for discharge, as there is shortage of Missile Fitters in service nor is it possible to accommodate the petitioner at Coimbatore or Thiruvanthapuram as well. 4. It is not possible for this court to require the respondent to post the petitioner at Coimbatore or Thiruvananthpauram unless they need his service. In so far as the It is not possible shortage of Missile Fitter which is now urged as the reason for not accepting his request is concerned, Ext.P4 produced by the petitioner shows that Missile Fitters have also been discharged from service. If as seen in Ext.P4, Missile Fitters could be discharged in 2009 itself, despite the alleged shortage, I wonder why a different stand should be adopted, in so far as the request of the petitioner is concerned. Be that as it may, I do not wish to WPC.No.12229/09 :3 : pronounce finally on this, as in my view this matter needs to be reconsidered. Therefore I dispose of this writ petition directing the 3rd respondent to consider the request made by the petitioner for compassionate discharge as expeditiously as possible and pass fresh orders. (ANTONY DOMINIC) JUDGE vi/