IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 OP.No. 17371 of 2000(R) --------------------------------- PETITIONER(S): ---------------------- 1. KERALA EX-SERVICEMEN WELFARE ASSOCIATION, REGD. NO.ER 302/94, PADAMUGAL, KAKKANAD, COCHIN-682 030., REPRESENTED BY ITS PRESIDENT, COL.K.B. RDHAKRISHNA PILLAI (RETD.), “ANUGRAH”, MAVELIPURAM, KAKKANAD, COCHIN-682 030. 2. A.P. PETERS, S/O.LATE PAPPU, AGED 80 YEARS, RESIDING AT “SAINIK ASHRAM”, SOUTH JANATHA ROAD, PALARIVATTOM, COCHIN-682 025. BY ADV. MR.MOHANA KANNAN RESPONDENT(S): ------------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF DEFENCE, SOUTH BLOCK, NEW DELHI-110 011. 2. SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES & PENSION, DEPARTMENT OF PENSION & PERSONNEL WELFARE, 3RD FLOOR, LOK NAYAK BHAVAN, KHAN MARKET, NEW DELHI-110 003. 3. CHIEF OF ARMY STAFF, ARMY HEADQUARTERS, D.H.Q. (P.O.), NEW DELHI-110 011. 4. DIRECTOR GENERAL OF RESETTLEMENT, MINISTRY OF DEFENCE, GOVERNMENT OF INDIA, WEST BLOCK, R.K. PURAM, NEW DELHI. R1 TO R4 BY ADV. MR.K.M.JAMALUDHEEN, CGC THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 22/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 17371/2000-R ORDER ON C.M.P. NO.28571/2000 IN O.P. NO. 17371/2000 DISMISSED 22/05/2009. SD/- ANTONY DOMINIC, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REPRESENTATION DATED 15/01/2000 SUBMITTED BY THE PETITIONERS TO THE PRIME MINSTER OF INDIA. EXT.P2: COPY OF THE REPRESENTATION DATED 23/02/2000 SUBMITTED BY THE PETITIONERS TO THE 3RD RESPONDENT. EXT.P3 SERIES: COPIES OF THE ORDERS DATED 06/04/1992, 30/11/1995, 10/10/1997, 05/11/1997 & 09/11/1999 ISSUED BY THE VARIOUS COMMANDS OF THE INDIAN ARMY. EXT.P4: COPY OF THE ORDER DATED 23/03/1998 ISSUED BY THE GOVERNMENT OF JAMMU & KASHMIR. EXT.P5: COPY OF THE ORDER DATED 17/02/2000 ISSUED BY THE DISTRICT COLLECTOR, KOTTAYAM. EXT.P6: COPY OF THE APPEAL MADE BY THE INDIAN ARMY ASSOCIATION, LONDON FOR CONTRIBUTIONS TO THE AUCHINLECK MEMORIAL APPEAL FUND. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ ANTONY DOMINIC, J. -------------------------------------------------------- OP No.17371 of 2000-R -------------------------------------------------------- Dated 22nd May 2009 Judgment The first petitioner claims to be an association of ex- servicemen who had served in the defence forces during the second world war and the second petitioner claims to be one of the members of the first petitioner. Their claim in this OP is that the respondents should be directed to sanction pension to ex- servicemen like the second petitioner without any further delay. It is stated that urging their claim for pension, the first petitioner has submitted Ext.P1 representation dated 15.1.2000 before the Honourable Prime Minister of India. There was no response to the said representation and therefore, it is stated that they filed Ext.P2 before the 3rd respondent, the Chief of Army Staff. Even to Ext.P2, no response was forthcoming. 2. It is stated that in the meanwhile, persons like the second petitioner were extended the benefit of medical assistance and Ext.P3 series of orders are referred. They also OP 17371/00 2 state that the Government of Jammu and Kashmir by Ext.P4 order, extended monthly financial assistance to the second world war veterans and their widows with effect from 1.1.1998. They are also referring to Ext.P5 series of orders where they say that ex-naval personnel who have participated in the second world war were granted pension. The learned counsel for the petitioner submits that there is absolutely no justification in denying the benefits due to persons like the second petitioner. 3. This court will be justified in interfering with the same only after a decision is taken by the second respondent. At present, I do not see that the second respondent has taken any decision in this matter. It is also to be noticed that Ext.P1 was addressed to the then Prime Minister Shri.A.B.Vajpeyee and Ext.P2 was addressed to the then Chief of Army Staff . From the materials produced, it is not clear whether those representations made by the first petitioner are pending consideration before the 2nd respondent. Therefore, in such a situation, this court will not be justified in directing the second respondent to deal with the aforesaid representation and take a decision thereon. So, the OP 17371/00 3 only option available is to direct the petitioners to approach the second respondent urging their claim for pensionary benefits for the second world war veterans with a further direction to the second respondent that in the event of receipt of any such representation, to decide on their claim without any further delay. It is ordered accordingly. The petitioners shall file the representation within three weeks from today and it is directed that if such a representation is received, the second respondent shall take a decision in the matter within three months thereafter. The petitioners shall produce a copy of this judgment along with the representation to be filed before the second respondent as directed above. The Original Petition is disposed of as above. ANTONY DOMINIC, JUDGE sta OP 17371/00 4 OP 17371/00 5