IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 WP(C).No. 29133 of 2006(R) ------------------------------------- PETITIONER(S): ------------------------ T.RUGMANI, W/O. LATE A.KRISHNAN, MALAYANPARAMBATH HOUSE, ARIYALLOOR POST, VIA PARAPPANANGADI, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENT(S): ------------------------- 1. THE PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS (PENSION), DROUPADI GHAT, ALLAHABAD, UTTAR PRADESH. 2. RECORD OFFICER, ARTILLERY RECORDS, NASIK ROAD CAMP, PIN-422 102. 3. THE TREASURY OFFICER, ADDITIONAL SUB TREASURY, KOZHIKODE, KERALA STATE. 4. SHYJU A., S/O. LATE GNR. A.KRISHNAN, BADRINILLAM PARAMBA, KALLAI P.O., KOZHIKODE-673 003. ADV. SRI.FRANCIS JOSEPH KURISINKAL, ADDL.CGS BY GOVERNMENT PLEADER SRI.NOBLE MATHEW SRI.P.PARAMESWARAN NAIR, ASST. S.G. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.29133/2006 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE RELEANT PORTION OF THE REFERENCE OP. TICKET ISSUED BY THE MEDICAL COLLEGE HOSPITAL, KOZHIKODE TO THE PETITIONER. P2:- COPY OF THE COMMUNICATION SENT BY THE COMMANDING OFFICER, ARTILLERY RECORDS DT. 18.9.03. P3:- COPY OF THE COMMUNICATION SENT BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT DT. 20.6.03. P4:- COPY OF THE COMMUNICATION RECEIED BY THE PETITIONER DT. 19.12.03. P5:- COPY OF THE COMMUNICATION DT. 4.10.04 TO THE PETITIONER. P6:- COPY OF THE COMMUNICATION SENT BY THE PETITIONER DT. 7.12.05 TO THE COMMANDING OFFICER, ARTILLERY RECORDS. P7:- COPY OF THE COMMUNICATION DT. APRIL 2005 SENT BY THE 2ND RESPONDENT THE OFFICE OF PCDA (PENSIONS) GRANT - 4 SEC (PRE 64) ALLAHABAD. P8:- COPY OF THE LETTER SENT BY THE 2ND RESPONDENT TO THE PCDA (PENSIONS) GRAND 4 SEC. (PRE-64) ALLAHABAD DT. 22.12.05. P9:- COPY OF THE TRUE COPY OF THE LETTER DT. 3.5.06 SENT BY THE 2ND RESPONDENT. P10:- COPY OF THE SAID COMMUNICATION DT. 28.7.06 ISSUED BY THE 2ND RESPONDENT TO THE PCDA (PENSIONS), GRANT 4 SEC. (PRE-64) ALLAHABAD AND COPY TO THE PETITIONER. P11:- COPY OF THE LETTER DT. 15.8.06 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. P12:- COPY OF THE LETTER DT. 30.8.06 SENT BY THE SECRETARY TO SUPERINTENDENT FOR OIC RECORDS TO THE 4TH RESPONDENT. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.29133 of 2006 ---------------------------------------------- Dated 29th October, 2008. J U D G M E N T Petitioner approached this court aggrieved by the apportionment of pension between the petitioner and 4th respondent. Petitioner may approach the first respondent, in which case, the matter will be duly considered by the said respondent with notice to the petitioner and the 4th respondent, or work out the remedy before the civil court. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.29133 of 2006 ---------------------------------------------- J U D G M E N T Dated 29th October, 2008.