IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 11TH FEBRUARY 2009 / 22ND MAGHA 1930 OP.No. 33600 of 2002(Y) ----------------------- PETITIONER(S): --------------- ABDUL JABAR, J.S.VILLA, ALL SAINTS, BEACH P.O., THIRUVANANTHAPURAM, KERALA. BY ADV. SRI.SHAMIER MARICKAR RESPONDENT(S): --------------- 1. UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF DEFENCE, RAKSHA BHAVAN, NEW DELHI. 2. CHIEF OF AIR STAFF, VAYU BHAVAN, NEW DELHI. 3. P.CONTROLLER OF DEFENCE ACCOUNTS, ALLAHABAD. 4. SECRETARY, AIR FORCE GROUP INSURANCE SOCIETY, SUBROTO PARK, NEW DELHI-110 010 5. AIR FORCE RECORD OFFICE, O /IC PENSION & WELFARE (DP), SUBROTO PARK, NEW DELHI-110 010. 6. OFFICER COMMANDING, 2227 SQUADRON, AIR FORCE, C/O. 56 APO. ADV. SRI.JOHN VARGHESE, SCGSC FOR R1TO3TO6 SRI. P. PARAMESWARAN NAIR, ASST. SOLICITOR GENERAL. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 11/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: O.P.NO. 33600/2002. ----------------------------------------------------------------- EXT.P1 TRUE COPY OF MEDICAL BOARD PROCEEDINGS. EXT.P2 ORDER DT. 26TH JUNE, 2001. EXT.P3 REPRESENTATION DATED 22-5-2002. EXT.P4 ORDER DT. 30TH MAY 2002. EXT.P5 ORDER DT. 13TH JUNE, 2002. RESPONDENTS' EXHIBITS: --------------------------------------- EXT.R1(a) LETTER DT. 21-6-2007. EXT.R1(b) COPY OF LETTER. EXT.R1(c) LETTER DT. 27-7-2007. EXT.R1(d) LETTER DT. 28-2-2007. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. No. 33600 of 2002 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 11th February, 2009. J U D G M E N T The petitioner was an Airman discharged from the service of the Air Force. He has been discharged from service on account of his disability attributable to Air Force service. Petitioner's grievance in this original petition is that despite the same, by Exts.P4 and P5 orders, he has been denied disability pension to which the petitioner is legally eligible. The petitioner therefore seeks the following reliefs: “A) Issue a writ of mandamus directing the respondents to pay monthly disability pension and lump sum amount from AFGIS to the petitioner with effect from the date of his discharge from service along with interest @ 18% per annum. B) Issue a writ of mandamus directing the respondents to pay compensation to the petitioner for causing mental agony and suffering due to denial of disability pension and other benefits. C) Quash Exhibit P4 and P5 orders as violative of the principles of natural justice.” 2. The learned Assistant Solicitor General submits that as stated in the counter affidavit, the reliefs prayed for by the petitioner have already been sanctioned to him by the respondents except interest and compensation which are not payable since delay was not deliberate but due to the reasons stated in the counter affidavit. In the above circumstances, the original petition is disposed of recording the above submission and directing that if the monetary benefits arising therefrom have not been disbursed to the petitioner yet, the same shall be disbursed as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. Sd/- S. Siri Jagan, Judge. Tds/