IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 WP(C).No. 19040 of 2011(D) ----------------------------------------- PETITIONER(S): -------------------------- P.PRABHAKAR, SON OF LATE P.CHIDAMBARA GURUKKAL, RESIDING AT "SAI SADAN", KODUMBA P.O., PALAKKAD-678 551. BY ADVS. SRI.S.EASWARAN, SRI.P.MURALEEDHARAN (IRIMPANAM). RESPONDENT(S): ---------------------------- 1. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, DEFENCE DEPARTMENT, NEW DELHI-110 001. 2. THE CHIEF OF NAVAL STAFF FOR (P.D.P.A.), INTEGRATED HEAD QUARTERS, MINISTRY OF DEFENCE (NAVY), NEW DELHI-110 011. 3. COMMODORE BUREAU OF SAILORS, CHEETAH CAMP, MANKHURD, MUMBAI-440 088. *ADDL.R4 IMPLEADED: R4. THE PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS (PENSION), DRAUPADI GHAT, ALLAHABAD. - SUO-MOTU IMPLEADED AS PER JUDGMENT DTD. 5/09/2011. R1 TO R3 BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.19040/2011 D APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF ORDER DTD. 9TH SEPTEMBER 200 IN T.A.NO.57 OF 2010 OF THE ARMED FORCES TRIBUNAL, REGIONAL BENCH, KOCHI. P2: COPY OF LAWYER NOTICE DTD. 6TH FEBRUARY, 2011 ISSUED ON BEHALF OF THE PETITIONER. RESPONDENTS' ANNEXURE: ANNEX.R1(A): COPY OF THE NO.PN/0589/LC DTD. 18/08/2011 ISSUED BY THE FIRST RESPONDENT. /TRUE COPY/ P.A.TO JUDGE Kss C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO. 19040 OF 2011 -------------------------------------------- Dated this the 5th day of September, 2011 JUDGMENT The petitioner, an octogenarian, is an Ex-service man. The contention of the petitioner is that he is entitled to pension in terms of the Pension Regulations of 1964. However, the same was not paid to him. Earlier, raising grievances against non-sanctioning and non-disbursement of pension, he approached this Court by filing W.P.(C).No.11647 of 2008 and the same was later, transferred to the Armed Forces Tribunal, Regional Bench, Kochi and was numbered as T.A.No.57 of 2010. It was partly allowed as per Ext.P1 order dated 9.9.2010. It was held therein that the petitioner was entitled revised pension in accordance with the Regulations applicable to the Navy personnel, treating the date of discharge as 14.11.1969. It was further held therein that he was entitled to get arrears only from 1.8.2002. Accordingly, the respondents were directed to take necessary steps for disbursing the reservist pension to the petitioner as expeditiously as possible, at any rate, within four months from the date of receipt of a copy of the said order. Despite the lapse of the time stipulated W.P.(C) 19040/11 2 in Ext.P1, the respondents have not taken any step for its implementation. It is in the said circumstances that this Writ Petition has been filed. 2. This Writ Petition has been filed before this Court as the Armed Forces Tribunal, Regional Bench Kochi is not presently functioning on account of non-appointment of its Judicial Member and therefore, the petitioner is virtually, remediless to redress his grievance regarding non-implementation of Ext.P1. A statement has been filed on behalf of the respondents in this Writ Petition. Along with the statement, respondents have produced a copy of letter No.PN/0589/LC dated 18.8.2011 issued by the first respondent as Annexure R1(a). As per Annexure R1(a), sanction was accorded for grant of reservist pension to the petitioner treating his date of discharge from Reservist service as 14.11.1969, in terms of Ext.P1 order. It is further stated that the petitioner would be paid arrears only with effect from 1.8.2002. In paragraph 2 of the said letter, it is also stated thus:- “The aforesaid sanction shall be without any prejudice to any rights/contentions available under law to the Govt. and shall be subject to outcome of appeal/petition as may be filed by the Govt. before Court of Law, as the case may be, in accordance with law.” It is thus obvious that the respondents have not so far challenged Ext.P1 W.P.(C) 19040/11 3 order of the Tribunal and in fact, paragraph 2, as extracted above, would reveal that they have taken the decision to implement the directions in Ext.P1 order. Having taken such a decision, as is obvious from Ext.R1(a) dated 18.8.2011, the respondents cannot defer its implementation in the circumstances. The learned Assistant Solicitor General submitted that the Principal Controller of Defence Accounts (Pension), Draupadi Ghat, Allahabad is the authority competent and responsible to disburse the benefits based on Ext.P1 order and in the light of Ext.R1(a). In the said circumstances, the said authority is suo motu impleaded as additional respondent No.4 in the Writ Petition. It is obvious from Ext.R1(a) that appropriate instructions have already been issued to the fourth respondent for complying with the directions in Ext.P1. In the said circumstances, the fourth respondent shall take appropriate steps for complying with the directions in Ext.P1 order dated 9.9.2010 in terms of Ext.R1(a). This shall be done expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment. To enable the fourth respondent to comply with the directions in this judgment, the petitioner shall produce a copy of the same along with copy of Annexure R1(a) before the said authority, within a period of ten days from the date of receipt of copy of W.P.(C) 19040/11 4 this judgment. The Writ Petition is disposed of, accordingly. C.T. RAVIKUMAR (Judge) spc W.P.(C) 19040/11 5 C.T. RAVIKUMAR, J. JUDGMENT September, 2010