IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 WP(C).No. 19751 of 2008(B) ------------------------------------- PETITIONER(S): ----------------------- ANILKUMAR, S/O.MADAVAN PILLAI, VIJAYAVILASAM, ELAVANKUZHI, ARYANCODE, OTTASEKHARAMANGALAM, THIRUVANANTHAPURAM DISTRICT. BY ADV. MR.T.MADHU RESPONDENT(S): ------------------------- 1. THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF DEFENSE, NEW DELHI. 2. THE DIRECTOR, DIRECTORATE GENERAL, SUP. STPT(SF 12), QUARTER MASTER GENERALS BRANCH, INTEGRATED HQ OF MOD (ARMY), DHQ, P.O., NEW DELHI 110011. BY ADV. MR.T.SANJAY, CGC FOR RESPONDENTS MR.P.PARAMESWARAN NAIR, A.S.G. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.19751/2008 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE MEDICAL CERTIFICATE ISSUED BY DR. JAYAKUMAR DT. 14.7.05. P2:- COPY OF THE CERTIFICATE ISSUED BY THE ASST. ADMINISTRATION OFFICER, GAYA DT. 1.10.2005. P3:- COPY OF THE RAILWAY TICKET DT. 4.1.05. P4:- COPY OF THE APPLICATION DT. 22.1.07. P5:- COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DT. 20.2.07. RESPONDENT'S EXHIBITS R1(a):- COPY OF THE PUNISHMENT DT. 15.5.98. R1(b):- COPY OF THE PUNISHMENT DT. 3.2.99. R1(c):- COPY OF THE PUNISHMENT DT. 28.4.00. R1(d):- COPY OF THE PUNISHMENT DT. 15.7.04. R1(e):- COPY OF THE PUNISHMENT DT. 29.1.05. R1(f):- COPY OF THE CERTIFICATE ISSUED BY SURGEON. R1(g):- COPY OF THE REPLY DT. 20.2.07. TRUE COPY P.S. TO JUDGE TSS T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 19751 of 2009-B - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of March, 2009. JUDGMENT The petitioner was serving the respondents from 22.8.1991. Originally he joined as a Cook in the Army. He has completed 13 years, six months and 13 days in the service of the Army. 2. The main prayer in the writ petition is for a direction to the respondents to grant military pension to the petitioner by condoning the deficiency of period to attain 15 years of service. 3. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents. The respondents have filed a counter affidavit stating that during service he was completely addicted to alcohol and was admitted in various Military hospitals. 4. The question is whether the petitioner is entitled for grant of pension. Going by the rules only if he had service of 15 years, the petitioner will be entitled for pension. But at the same time, the competent authorities are entitled to condone the period in appropriate cases and sanction pension. Going by the averments in the writ petition, the petitioner started his career as a Cook in the Army. According to the petitioner, he is not having any wpc 19751/2008 2 sufficient means to lead his life at present after his discharge from Army and he needs support by way of monthly pension. 5. If the petitioner files a representation seeking for condonation of the required period before the Chief of Army Staff within three weeks from today, the same will be considered sympathetically and appropriate orders will be passed within a period of three months thereafter, which will be communicated to the petitioner. The writ petition is disposed of with the above directions. (T.R. Ramachandran Nair, Judge.) kav/