IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 6TH MARCH 2009 / 15TH PHALGUNA 1930 WA.No. 425 of 2009() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.1397/2006 .................... APPELLANT(S): -------------- 1. UNION OF INDIA , REPRESENTED BY ITS SECRETARY, MINISTRY OF DEFENCE, NEW DELHI. 2. PRINCIPAL CONTROL OF DEFENCE, ACCOUNTS (PENSIION) ALLAHABAD. 3. OFFICER IN CHARGE, RECORDS SIGNAL ABHILEKH KARYALAYA, JABALPUR 432 001. BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR RESPONDENT(S): --------------- J.R.KASTHURI,AGED 38 YEARS W/O.LATE PRABHAKAR B.R,BANJIBAIL HOUSE PANIYAL PO, KSARAGOD DISTRICT. ADV.SRI.P.K.RAVISANKAR. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ. ---------------------------------------------- W.A. No.425 of 2009 ---------------------------------------------- Dated 6th March, 2009. J U D G M E N T Kurian Joseph, J. Adv.Sri.P.K.Ravisankar takes notice. The respondents in the writ petition are the appellants. They are aggrieved by the judgment of the learned Single Judge, whereby the respondent/writ petitioner has been granted disability pension. Learned Assistant Solicitor General is right in the submission that the writ petitioner being the widow of a deceased soldier, she cannot be granted disability pension. Her eligibility is only for special family pension. It is brought to our notice by the learned counsel appearing for the writ petitioner that in compliance with the judgment under appeal, special family pension has already been granted. In that view of the matter, we allow the writ appeal, set aside the judgment of the learned Single Judge and dispose of the writ petition directing the appellants to grant special family pension to the writ petitioner on account of the facts and circumstances stated in the judgment of WA NO.425/09 2 the learned Single Judge. We make it clear that the attributability certificate will be issued to the writ petitioner within a period of three months. KURIAN JOSEPH, JUDGE. S.S.SATHEESACHANDRAN, JUDGE. tgs KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ ---------------------------------------------- W.A. No.425 of 2009 ---------------------------------------------- J U D G M E N T Dated 6th March, 2009.