IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 OP.No. 5426 of 2002(U) --------------------------------- PETITIONER(S): ---------------------- V.V. JAIN, JAIN NIVAS, INCHOOR, KOZHIPPILLY P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT. BY ADVS. MR.T.C.GOVINDA SWAMY MR.K.M.ANTHRU MR.MARTIN G.THOTTAN MR.MANNATIL KUMAR SMT.D.HEERA RESPONDENT(S): ------------------------- 1. UNION OF INDIA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF DEFENCE, NEW DELHI. 2. THE CHIEF CONTROLLER OF DEFENCE ACCOUNTS (PENSION), ALLAHABAD. 3. THE OFFICER-IN-CHARGE, ASC RECORDS (MT), BANGALORE - 560 007. BY ADVS.MR.D.KISHORE, ADDL.CGSC FOR R1 TO R3 MR.E.S.MUHAMMED KABIR, ADD.CGSC MR.ABRAHAM THOMAS, CGC FOR R1-3 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 03/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP. NO.5426/2002 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE LETTER BEARING NO.13887060/PEN/DISH DT. 30TH AUGUST 1993, ADDRESSED TO THE 2ND RESPONDENT. P2:- COPY OF THE LETTER NO.13887060L/PEN/DISH DT. 7TH DECEMBER 1993 COMMUNICATED TO THE PETITIONER BY THE 3RD RESPONDENT. P3:- COPY OF THE LETTER BEARING NO.G-3/93/1815/VIII/738 DT. 12.11.93 ISSUED BY THE 2ND RESPONDENT. P4:- COPY OF THE COVERING LETTER DT. 14.1.94 SUBMITTED BY THE PETITIONER ADDRESSED TO THE 3RD RESPONDENT ALONG WITH THE APPEAL DT. 14.1.94 ADDRESSED TO THE 2ND RESPONDENT. P5:- COPY OF THE LETTER BEARING NO.13887070/APPL/PEN (DISH) DT. 6TH SEPTEMBER, 1994 ISSUED BY THE 3RD RESPONDENT ADDRESSED TO THE IST RESPONDENT. P6:- COPY OF THE LETTER BEARING NO.13887060/APPL/PEN (DISH) DT. 6TH OCTOBER, 1994 ISSUED BY THE 3RD RESPONDENT. P7:- COPY OF THE MEDICAL CERTIFICATE DT. 6TH AUGUST, 2001 ISSUED FROM THE PAYCHIATRY DEPARTMENT M.O.S.C.M.M. HOSPITAL, KOLENCHERY. RESPONDENT'S EXHIBITS NIL TRUE COPY P.S. TO JUDGE TSS V.K.MOHANAN, J. ---------------------------------------------- .O.P. No.5426 OF 2002 ---------------------------------------------- Dated, 3rd June, 2009 JUDGMENT Challenging Exts P2 and P3 orders and with a prayer for a declaration that the petitioner is entitled to the grant of disability pension, the petitioner who was in the Indian Army as a driver, approached this Court preferring this writ petition. 2. In Ext.P2 itself, the petitioner was informed that he can prefer an appeal against the decision of the concerned authority and he was also informed about the authority before whom the appeal to be preferred. Along with the writ petition, the petitioner has produced a copy of the appeal memo which is marked as Ext.P4. In CMP No.9526/2002, the prayer of the petitioner was for a direction to the Ist respondent to dispose of the said appeal. 3. In the above circumstances, the Ist respondent O.P.5426/02 -:2:- is directed to take up and dispose of Ext.P4 appeal, if the same is in order and not already disposed of, within a period of 6 months from the date of receipt of a copy of this judgment. The petitioner is directed to produce a copy of this judgment before the Ist respondent at the earliest. The writ petition is disposed of as above. V.K.MOHANAN, JUDGE kvm/- O.P.5426/02 -:3:- V.K.MOHANAN, J. O.P.NO.5426 OF 2002 JUDGMENT Dated: 3.6.2009