IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 WP(C).No. 28238 of 2004(J) -------------------------- PETITIONER(S): --------------- SADASIVAN NAIR, LATH SADANAM, UDAYANKULANGARA, NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. SRI.B.KRISHNA MANI RESPONDENT(S): --------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF DEFENCE, NEW DELHI. 2. THE PENSION CONTROLLER DEFENCE ACCOUNTS (PCDA) G-3/11 SECTION, ALLAHABAD (U.P). 3. THE COMMANDING OFFICER, ARTILLERY RECORD, NASIK ROAD CAMP, MAHARASHTRA 422 102. 4. THE OFFICE IN-CHARGE RECORDS, DO. DO. 5. THE CHIEF RECORDS OFFICER, N.E.GROUP (PENSION 2), DO. DO. ADV. SRI.E.S.MUHAMMED KABIR, ADD.CGSC SRI.ABRAHAM THOMAS, CGC FOR R1-5 SMT.MOLY.E.V., CGC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jma APPENDIX Petitioners Exhibits: Ext.P1: True copy of the show cause notice dated 13.7.2002 Ext.P2: True copy of the reply dated 16.7.2002 filed by the petitioner to Commanding Officer Ext.P3: True copy of the Communication dated 13.3.2003 Ext.P4: True copy of the representation dated 8.10.2003 filed before the Commanding Officer, Artillery Records. Ext.P5: True copy of the representation dated 21.1.2004 before the 5th respondent. Ext.P6: True copy of the representation dated 25.3.2004 before the 5th respondent. /True copy/ P.A. To Judge P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 28238 of 2004 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 23rd day of July, 2009 JUDGMENT The petitioner is an Ex-serviceman. He was discharged from the Indian Army on medical grounds on 30-11-2002. This writ petition is filed aggrieved by the denial of disability pension. 2. The learned Central Government Standing Counsel appearing for the respondents has filed a petition dated 16-7-2009, the relevant portion of which reads as follows:- “Disability pension claim of the individual was submitted to PCDA(P) Allahabad vide Art Records letter No JC-262541N/dp-59283/Pen dated 13 Mar 2003 and accordingly he has already been granted disability pension at 40% for life with effect from 01/12/2004 vide PCDA(P) Allahabad PPO No DE/014353/2004 dated 10 Sep 2004 for the disabilities mentioned above. The fact was also intimated to the individual vide Artillary Records Ltter No JC- 262541/PPO/DP-59283/Pen-2-C dated 04th Oct 2004 with copy to his bankers ie., State Bank of Travancore, PB No.91, Ground Floor, Thiruvananthapuram for making payment to the petitioner.” 3. In the light of the stand now taken by the respondents, I am of the opinion that the petitioner cannot have any subsisting grievance. This writ petition is accordingly closed as infructuous. P.N.RAVINDRAN, JUDGE. mn.