IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 16TH NOVEMBER 2007 / 25TH KARTHIKA 1929 OP.No. 17528 of 1999(J) ----------------------------- PETITIONER: --------------- RANJITH KUMAR.P., RANJITH BHAVAN, POST KAKKATTIL, VADAKARA TALUK, KOZHIKODE DISTRICT, KERALA. BY ADV. SRI. S. MOHAMMED AL RAFI RESPONDENTS: ------------------ 1. UNION OF INDIA, REP. BY SECRETARY, MINISTRY OF DEFENCE, GOVERNMENT OF INDIA, NEW DELHI. 2. DIRECTORATE GENERAL OF ARTILLERY (ARTY-3), GENERAL STAFF BRANCH, ARMY HEAD QUARTERS, DHQ PO NEW DELHI - 110 011. 3. SENIOR RECORD OFFICER, TOPKHANA, ABHILEKH, ARTILLERY RECORDS, NASIK ROAD CAMP - 422 102. BY ADV. SRI. P.M.M. NAJEEB KHAN, ADDL.CGSC SRI. M.L. SURESH KUMAR, CGC SRI. S.R. AJITH, ADDL.CGSC SRI. PARAMESWARAN NAIR, ASST. SG. GOVERNMENT PLEADER SRI. MANOJKUMAR. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 16/11/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 17528/1999(J) A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF THE APPLICATION DTD. 28.5.1990 FILED BY THE PETITIONER TO THE 3RD RESPONDENT. EXT. P2 : COPY OF THE LETTER DTD. 9.10.92 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXT. P3 : COPY OF THE LETTER DTD. 9.5.95 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXT. P4 : COPY OF THE LETTER DTD. 11.9.95 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXT. P5 : COPY OF THE LETTER DTD. 25.1.99 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. // True Copy // P.A. to Judge. smp KURIAN JOSEPH, J. --------------------------------------- O.P. NO. 17528 OF 1999 --------------------------------------- Dated this the 16th day of November, 2007. J U D G M E N T Petitioner is aggrieved by Exhibit P5 order passed by the second respondent in the matter of compassionate appointment. A counter affidavit has been filed on behalf of the second respondent wherein it is stated that the petitioner is not entitled to have the compassionate appointment. 2. In case the petitioner has still any dispute regarding the factual or legal position as stated in the counter affidavit, it will be open to the petitioner to point out the same before the first respondent, in which case, the matter will be duly examined by the first respondent, expeditiously. This original petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. O.P. NO. 17528 OF 1999 J U D G M E N T 16.11.2007