IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 WP(C).No. 17071 of 2009(D) ---------------------------------------- PETITIONER(S): -------------------------- HARIS.K., DARUL AMAN, POOKAYIL.P.O. TIRUR, MALAPPURAM DISTRICT. BY ADVS. MR.V.K.SATHYANATHAN, MR.N.SUNIL JOSEPH. RESPONDENT(S): --------------------------- 1. UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF DEFENCE, SOUTH BLOCK, NEW DELHI. 2. THE CHIEF OF AIR STAFF, AIR HEAD QUARTERS(VAYU BHAVAN) RAFI MARG, NEW DELHI-11. 3. THE AIR OFFICER COMMANDING, AIR FORCE RECORD OFFICE, SUBROTO PARK, NEW DELHI-10. 4. PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS(PENSIONS) OFFICE OF THE P.C.D.A.(P), DRAUPADI GHAT, ALLHABAD, UP. R1 TO R4 BY MR.P.PARAMESWARAN NAIR,ASST.SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.17071 of 2009 -------------------------------------- Dated 17th July, 2009 JUDGMENT Heard Sri.V.K.Sathyanathan, the learned counsel appearing for the petitioner and Sri.P.Parameswaran Nair, the learned Assistant Solicitor General of India appearing for the respondents. 2. The petitioner is an Ex-serviceman. He joined the Indian Air Force on 26.10.1993. On his request, he was discharged on 10.11.2004 on medical grounds. In this writ petition, the petitioner seeks a writ in the nature of mandamus commanding the respondents to sanction and disburse disability pension to him. The pleadings disclose that the claim made by the petitioner in that regard in Ext.P5 representation dated 6.4.2009 is pending with the second respondent and that the respondents have not so far taken a decision in the matter. The learned standing counsel appearing for the respondents submits that the original of Ext.P5 has been received by the second respondent and is pending consideration. In my opinion, since the request made by the petitioner in Ext.P5 is yet to be considered and a decision taken by the second respondent, it will be premature for this Court to go into the merits of the petitioner's contentions at this stage. WP(C).No.17071/2009 2 I accordingly dispose of this writ petition with a direction to the second respondent to consider the request made by the petitioner in Ext.P5 representation dated 6.4.2009 and take a decision thereon in accordance with law. Final orders in the matter shall be passed within three months from the date on which the petitioner produces a certified copy of this judgment along with a copy of the writ petition before the second respondent. The second respondent shall while passing orders on Ext.P5 also take note of the directions issued by this Court in the judgment delivered on 13.11.2008 in W.P.(C) No.39594 of 2002. The petitioner shall in order to enable the second respondent to act as directed above, produce before him a certified copy of the judgment in W.P.(C)No.39594 of 2002. P.N.RAVINDRAN Judge TKS