IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 18TH MARCH 2009 / 27TH PHALGUNA 1930 WP(C).No. 5607 of 2009(U) ------------------------- PETITIONER --------------- JIMMY THOMAS, EX.NK-1437228 F RESIDING AT KADUTHANAM, KOTTAMURI PO CHANGANACHERRY, KOTTAYAM DISTRICT. BY ADV. SRI.R.RAJASEKHARAN PILLAI SMT.SABINA JAYAN SRI.M.S.NISHAD RESPONDENTS: --------------- 1. THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF DEFENCE SENA BHAWAN NEW DELHI-11. 2. THE DIRECTOR GENERAL OF ARTILLERY, ARMY HEADQUARTERS, DHQ PO, NEW DELHI. 3. THE COMMANDING OFFICER, ARTILLERY RECORD NASIK ROAD CAMP, 42210 APS PIN 908802. 4. THE CONTROLLER OF DEFENCE PENSIONS DRAUPATI GHAT, ALLAHABAD. 5. THE OFFICER COMMANDING HQ 14 ARTILLERY BRIGADE, C/O.56 APO. 6. THE COMMANDER 14 ARTILLERY BRIGADE C/O.56 APO. 7. THE CHIEF OF ARYMY STAFF ARMY HEAD QUARTERS, NEW DELHI. BY SRI.P.PARAMASWARAN NAIR, ASG FOR R1-R6 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.5607 of 2009 -------------------------- Dated this the 18th March,2009 J U D G M E N T The substantial relief sought for in the writ petition is for a direction to the respondents to sanction and disburse invalid pension to the petitioner. The particulars of the petitioner shows the following. 2. He entered in the Army Service in the Artillery Regiment w.e.f. 17.1.1983. He had been in the rank of Naik. He sustained injuries on his left ring finger on 3.4.1999 while attached to the 4th respondent. According to him, while he was working as driver in a 3 ton truck, on 3rd April 1999 he jumped down from the driver seat and while landing on the ground his ring got stuck at the roof of the driver seat thereby his entire weight with the force of the jump, was on the ring finger consequently a traumatic amputation was effected. Exhibit-P1 is produced in support of the above plea. W.P ( C) No.5607 of 2009 2 3. The Medical Board of the Military Hospital,Deradoon examined him and as per their report he was placed in the low medical category. Exhibit-P2 is the proceedings of the Medical Board. Later another medical board examined him on 23.6.2000, wherein, his disability was assessed as 30%. It is mentioned clearly therein that it is attributable to army service. The same has been produced as Exhibit-P3. Subsequently the petitioner was sent on normal pension with effect from October 2000 and continuation of the pension pay order his DA was increased to that effect. This is evidenced by Exhibit-P4. The petitioner had been representing to count the disability for the purpose of pension. By Exhibit-P8 a reply was given to the effect that he was discharged on his own request on extreme compassionate grounds and not on medical ground. Petitioner contends that the approach made by the authorities is not correct and the disability entitles him to claim pension. Presently Exhibit-P9 is the detailed representation submitted by him before the Chief of Army Staff, New Delhi. W.P ( C) No.5607 of 2009 3 4. Petitioner seeks for a direction to the 7th respondent to consider Exhibit-P9 in accordance with the circumstances pointed out therein and to sanction disability pension Since the same is pending and no action has been taken therein, the writ petition is disposed of directing the 7th respondent to take a decision on Exhibit-P9 within a period of four months from the date of receipt of a copy of this judgment. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.5607 of 2009 4 W.P ( C) No.5607 of 2009 5