IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1447 OF 2009 Mr.Appari Swamy Srinivas ...Petitioner Versus Union of India & Ors. ...Respondents ...... Mr.K.V.Reddy for Petitioner. Mr.H.V.Mehta with Mr.H.K.Vardhan & Mr.V.B.Tiwari for Respondent No.1. ...... CORAM : SWATANTER KUMAR, C.J. AND A.M.KHANWILKAR, J. DATED : AUGUST 10, 2009. P.C. : 1. We have heard learned Counsel appearing for the parties. 2. Rule. Rule made returnable forthwith, by consent. Mr.Mehta waives notice for Respondent No.1. 3. As short question is involved, Petition is taken up for final disposal forthwith, by consent. 4. The Petitioner is aggrieved by the order dated 23rd February 2009, vide which, the request of the Petitioner for discharge on compassionate ground was declined. The communicated order to the Petitioner Exhibit `H’ reads as under : “DISCHARGE FROM SERVICE ON COMPASSIONATE GROUNDS AIRMEN (.) DISCHARGE FROM SERVICE I/R/O 703393 JWO SUNDER KUMAR OF FIRST ADDEE CMA 704507 JWO RAO KKUB EQPT ASST OF THIRD ADDEE AND 797141 CPL APPARI SWAMY SRINIVAS EQPT ASST OF LAST ADDEE NOT APPROVED (R) NOT APPROVED BY COMPETENT AUTHY VIDE THEIR LETTER AIRHQ/40802/1623/PA-I FEB/23 DUE TO MANNING CONSTRAINTS IN THE TRADES (.) UNITS/INDIVIDUALS CONCERNED MAY BE INFORMED ACCORDINGLY (.) /////// BT” 5. We had directed the Respondents to produce the records in Court which have been produced. From the records also, it is not apparent that the reasons given by the Petitioner for discharge on compassionate ground were considered by the Competent Authority and had actually applied its mind to the different aspects stated in that application. No other reason has been recorded or are apparent from the records produced before us. 6. For the reasons aforestated, we see no reason not to set aside the order dated 23rd February 2009, however, with a further liberty to the Respondents that they should consider the Application for discharge of the Petitioner in accordance with Rules and pass a speaking order in accordance with law as expeditiously as possible. 7. The Writ Petition is disposed of with the above directions. 8. Counsel for the Petitioner undertakes to remove all office objections within one week from today. CHIEF JUSTICE A.M.KHANWILKAR, J.