IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 WP(C).No. 10961 of 2006(E) -------------------------- PETITIONER(S): --------------- GEETHADEVI.P.P., AGED 32 YEARS, W/O.P.G.ASHOK KUMAR, PUTHENPURA CHANDRATHIL HOUSE, SOUTH ADUVASSERY P.O., CHENGAMANAD VIA, ERNAKULAM DIST. BY ADV. SRI.T.C.GOVINDA SWAMY SMT.D.HEERA RESPONDENT(S): --------------- 1. UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF DEFENCE, NEW DELHI. 2. SENIOR RECORD OFFICER, ABHILEK KARYALAYA, RECORD OFFICE, MADRAS ENGINEERING GROUP, P.B.NO. 4201, BANGALORE- 560 042. 3. THE OFFICER-IN-CHARGE, HEAD QUARTERS, SOUTHERN COMMAND, MINISTRY OF DEFENCE, PUNE-411 001. 4. THE DIRECTOR, DIRECTORATE OF RE-SETTLEMENT ZONE (SOUTHERN), GOVERNMENT OF INDIA, MINISTRY OF DEFENCE, C/O.H.Q. SOUTHERN COMMAND, PUNE-411 001. 5. ZILLA SAINIK WELFARE OFFICER, CIVIL STATION, KAKKANAD, ERNAKULAM. R1 TO R4 BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL R5 BY ACG THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.10961/06 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE COMMUNICATION BEARING NO.R4/10/2000/02 DATED 11.6.2002 OF THE 5TH RESPONDENT. EXT.P2: TRUE COPY OF LETTER NO.E4/10/2080/02 DATED NIL NOVEMBER, 2002 OF THE 5TH RESPONDENT. EXT.P3: TRUE COPY OF LETTER BEARING D.O.NO.OSD/MOS/D&PA/RO/R- 4/2003/4965 DATED NIL JULY, 2003. EXT.P4:TRUE COPY OF LETTER NO.15307094/CF/07/NE-3 DATED 3RD JANUARY, 2003 OF THE 2ND RESPONDENT. EXT.P5: TRUE COPY OF LETTER NO.1390/EMP-2/2003/DSW DATED 1.2.2003 OF THE 5TH RESPONDENT. EXT.P6: TRUE COPY OF LETTER NO.E4/10/2080/2002 DATED 18.11.2004 OF THE 5TH RESPONDENT. EXT.P7: TRUE COPY OF LETTER OF THE 5TH RESPONDENT NO.E4/12/6222/2004 DT.10.12.2004. EXT.P8: TRUE COPY OF COMMUNICATION OF THE 4TH RESPONDENT NO.8304004/WIDOW/DRSZ DT.23.4.2005. EXT.P9: TRUE COPY OF LETTER BEARING NO.15307094/CF/18/ND-3 DATED 6.5.2005 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT. EXT.P10: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DT.15.5.2005 ADDRESSED TO THE COMMANDING OFFICER, M.E.G. CENTRE, BANGALORE. RESPONDENTS' EXHIBITS: EXT.R1(a): TRUE COPY OF PENSION PAYMENT ORDER NO.F/NA/812/2002. EXT.R1(b): TRUE COPY OF RECORD OFFICE MADRAS ENGINEER GROUP LETTER NO. 15307094/CF/16/NE-3 DATED 02 FEBRUARY, 2005. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN,J. ------------------------------------------- W.P(C).No.10961 OF 2006 ------------------------------------------- Dated this the 24th day of May, 2010 JUDGMENT The issue raised by the petitioner is a claim for appointment on compassionate ground following the demise of her husband Lance Naik Ashok Kumar P.G., who died-in-harness while in military service. Therefore, this case is transferred to the Armed Forces Tribunal established under Section 4 of the Armed Forces Tribunal Act, 2007, in terms of Section 34 of that Act. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.26/05.