IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 WP(C).No. 16145 of 2009(K) --------------------------------------- PETITIONER(S): --------------------- ARUN O.NAIR, S/O.OMANAKUTTAN NAIR, AGED 24, PADINJARAKUTTU HOUSE, MONCOMPU.PO, ALLEPPEY DISTRICT, KERALA STATE. BY ADV. MR.JOHNSON MANAYANI RESPONDENT(S): ----------------------- 1. SENIOR RECORD OFFICER, O/C PENMSION GROVE RECORDS BRIGADE OF THE QUARDS,PIN 900 746, C/O.56 APO. 2. ADDL.DTE QEN PERSONAL SERVICE,ADJUTANT GENERAL'S BRANCH,INTEGRATED HQ OF MAD(ARMY) DHT P.O. NEW DELHI-110 011. 3. GOVT.OF INDIA, MINISTRY OF DEFENCE, APPELLATE COMMITTEE, NEW DELHI. BY ADV. MR.P.PARAMESWARAN NAIR,ASST.SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.16145 of 2009 -------------------------------------- Dated 11th June, 2009 JUDGMENT Heard Sri.Johnson Manayani, the learned counsel appearing for the petitioner and Sri.P.Parameswaran Nair, the learned Assistant Solicitor General of India appearing for the respondents. 2. The petitioner is an Ex-serviceman. He was discharged from the Indian Army on 15.5.2007 on medical grounds. The petitioner thereafter moved the competent authority for disability pension. That request was rejected and the decision rejecting the request was communicated to the petitioner by Ext.P2 letter dated 13.9.2007 sent by the first respondent. Aggrieved thereby the petitioner moved the Chief of Army Staff in appeal. That appeal was rejected. Thereupon the petitioner moved the Honourable Minister for Defence who is also the Chairman of the Appeal Committee on Pensions constituted by the Ministry of Defence, Government of India by submitting Ext.P3 appeal. By Ext.P4 letter dated 25.10.2008 the first respondent informed the petitioner that the said appeal has been forwarded to the Appeal Committee constituted by the Ministry of Defence. The petitioner submits that though more than eight months have passed after the appeal was filed, till date the appeal has not been heard and disposed of. In this writ petition, the petitioner prays for a writ in the nature of mandamus commanding the Union of India WP(C).No.16145/2009 2 to consider Ext.P3 appeal and pass orders thereon within a time limit to be fixed by this Court. 3. The pleadings disclose that the petitioner was discharged from the Indian Army on 15.5.2007 on medical grounds. Nearly two years have passed thereafter. Ext.P1 discharge certificate discloses that the petitioner was discharged due to Schizophrenia. Since nearly two years have passed after the petitioner was discharged, it is only desirable that an expeditious decision is taken on the claim made by him for disability pension. Though the original authority had declined the petitioner's request for grant of disability pension and the appellate authority has upheld the said decision, the issue is now pending with the Government of India in second appeal. In the above circumstances, I dispose of this writ petition with a direction to the third respondent to consider Ext.P3 appeal and pass orders thereon expeditiously and in any event within three months from the date on which the petitioner produces a certified copy of this judgment along with a copy of the writ petition. The third respondent shall after orders are passed as directed above, communicate a copy thereof to the petitioner. P.N.RAVINDRAN Judge TKS