IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 21ST AUGUST 2008 / 30TH SRAVANA 1930 WP(C).No. 23325 of 2008(B) -------------------------- PETITIONER: ------------ S.M.KANNU, S/O.MUHAMMED, AGED 60 NISHA NIVAS, KAVANAD P.O.,KOLLAM-3 EX NO. 681 3433, SEP/NA BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.GEORGE MATHEW RESPONDENTS: ------------- 1. UNION OF INDIA, REPRESENTED BY SECRETARY MINISTRY OF DEFENCE, NEW DELHI-1 2. CHIEF OF ARMY STAFF SENA BHAVAN, NEW DELHI-1 3. THE OFFICER IN CHARGE OF RECORDS ARMY MEDICAL CORPS, LUCKNOW-2 BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1 to R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN,J. ------------------------- W.P ( C) No.23325 of 2008 -------------------------- Dated this the 21th August, 2008 J U D G M E N T The petitioner is an Ex-service man. He was discharged from service on 24.6.1971 on medical grounds. The Medical Board was the opinion that the petitioner was suffering from Neurosis. He claimed disability pension on the ground that the disability is attributable to or aggrevated by military service. When disability pension was not granted, he filed O.P. No.7485 of 1995 in this Court. By Exhibit P1 judgment delivered on 7.7.1999, a learned Single Judge of this Court directed the respondents to pay 20% disability pension to the petitioner from 24.6.1971 onwards. The respondents thereupon filed Writ Appeal No.1987 of 1999. By Exhibit P2 judgment delivered on 6.11.2001, the judgment of the learned Single Judge, evidenced by Exhibit P1 was set aside and the petitioner was given an opportunity to disprove the findings of the Medical Board. The Division W.P ( C) No.23325 of 2008 2 Bench directed that the appeal filed by the petitioner in that regard will be disposed of within a period of one month from the date of receipt of a copy of the judgment. 2. As directed by this Court in Exhibit P2 judgment, the third respondent issued Exhibit P3 letter dated 5.1.2002 to the petitioner informing him that the appeal along with the connected documents have been forwarded to the concerned authority for consideration. The petitioner was also called upon to send four copies of appeal memorandum and some other documents. Along with Exhibit P4 letter dated 17.1.2002, the petitioner forwarded the documents sought in Exhibit P3. Thereafter, by Exhibit P5, letter dated 31.1.2002, the petitioner was informed that his appeal was examined by the competent authority and that no new materials have been produced by the petitioner to disprove the findings of the Medical Board. By Exhibit-P5, the petitioner was directed to file a fresh appeal with such grounds as he deems fit and proper to putforth. The petitioner submits that pursuant to Exhibit P5 letter, he had sent Exhibit P6 W.P ( C) No.23325 of 2008 3 representation dated 11.2.2002 to the third respondent by registered post followed by a reminder dated 2.3.2002, a copy of which is produced as Exhibit-P7. The grievance voiced by the petitioner in this writ petition is that even after a long lapse of time, no action has been taken in the matter. The petitioner has in this writ petition, prayed that the respondents may be directed to pass orders on his appeals evidenced by Exhibits P3, P4, P6 and P7 within a time limit to be fixed by this Court. 3. I have heard Sri.K.S.Hariharaputhran, the learned counsel appearing for the petitioner and Sri.P.Parameswaran Nair, the learned Assistant Solicitor General of India appearing for the respondents. Exhibit P5 discloses that the petitioner was called upon to furnish fresh grounds of appeal. Exhibit P6 discloses that the petitioner had put forth additional contentions. It has not been brought to my notice that final orders have been passed in the appeal referred to in Exhibit P5. Such being the state of affairs, having regard to the fact that the petitioner is claiming disability pension and this Court had W.P ( C) No.23325 of 2008 4 in Exhibit P2 judgment directed the authorities concerned to entertain and dispose of this appeal against the findings of the Medical Board, I direct the competent authority among the respondents to pass final orders on Ext.P5 appeal filed by the petitioner, if orders have already not been passed thereon till date and communicate the decision to the petitioner. This shall be done within a period of three months from the date of receipt of a copy of this judgment. If orders have already been passed on the appeal filed by the petitioner, the competent authority among the respondents shall communicate a copy thereof to the petitioner forthwith. (P.N.RAVINDRAN, JUDGE) ma W.P ( C) No.23325 of 2008 5 W.P ( C) No.23325 of 2008 6