IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 17041 of 2009 Between: Dr.G.Raja Pandian S/o.Sri A.Gandhi S.No.13986213L Nk/PTA) R/o.Military Hospital, Secunderabad ..... PETITIONER AND 1 The Union of India., rep.by its Secretary, Ministry of Defence, Government of India., New Delhi-110011 2 The Chief of Army Staff, Integrated HQ(Army) Ministry of Defence, Government of India., New Delhi-110011 3 The Director General-Medical Service, (DGMS) Army HQ,Medical Branch, New Delhi 4 O i/c.Records, AMC Centre & School, Lucknow, U.P. 5 The Commandant, Military Hospital, Secunderabad 6 The Senior Registrar & OC Troops, Military Hospital Secunderabad .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in not discharging the petitioner from Army Service as arbitrary, violative of Articles, 14,16 and 21 of the Constitution of India besides opposed to principles of natural justice equity and conscience and consequently direct the respondents to discharge the petitioner duly considering his representation dated 6.7.2009 seeking discharge from service with immediate effect in the interest of justice as otherwise the petitioner shall be put to irreparable loss and pass. Counsel for the Petitioner:MR.B.SREE RAMA KRISHNA Counsel for the Respondent : MR.DEEPAK BHATTACHARJEE FOR RMAPP-1-6 The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 17041 of 2009 O R D E R : This writ petition is filed seeking a declaration that the action of the respondents in not discharging the petitioner from Army service as requested by him in his representation dated 06.07.2009 is arbitrary and illegal. I have heard the learned counsel for the petitioner as well as Sri Deepak Bhattacharji, who accepted notice for the respondents. The material on record shows that the petitioner made a representation on 06.07.2009 requesting for premature retirement from service on the ground that he intends to pursue Post Research Purpose (International Research Comparison Studies). Learned counsel for the respondents states that the said representation would be considered in accordance with law. In the circumstances, without expressing any opinion on merits, the writ petition is disposed of with a direction to the respondents to consider the representation of the petitioner dated 06.07.2009 and pass appropriate orders in accordance with law as expeditiously as possible preferably within a period of four weeks from the date of receipt of a copy of this order. No costs. _____________ G. ROHINI, J Date: 20-08-2009 KLP