IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 W.A.No. 219 of 2009() -------------------- AGAINST THE JUDGMENT IN WPC.1871/2009 Dated 19/01/2009 APPELLANT: PETITIONER ------------------------ G.PARAMESWARAN PILLAI,'VANDEMADARAM' HOUSE,CHANGANKULANGARA,OACHIRA.P.O,KOLLAM DIST. BY ADV. SRI.SHAJI THOMAS PORKKATTIL SRI.BINU PAUL SRI.T.V.VINU RESPONDENTS: RESPONDENTS -------------------------- 1. SECRETARY, MINISTRY OF DEFENCE, GOVERNMENT OF INDIA, NEW DELHI. 2. CONTROLLER OF DEFENCE ACCOUNTS(PENSION), ALLAHABAD. 3. RECORDS OFFICER, FOR OIC EME RECORDS, SECUNDERABAD-21. ADV. SRI.K.M.JAMALUDHEEN, CGC FOR R1 TO 3 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 17/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A. NO. 219 OF 2009 --------------------------------------------- Dated this the 17th day of August, 2009 JUDGMENT Kurian Joseph, J. The petitioner approached this Court with the following prayer: i. issue a writ of mandamus or any other writ, order or direction commanding respondents 1 to 3 to disburse the arrears of disability pension of the petitioner at the revised rate from 11.05.1970 with its interest and continue to pay the same at the existing rate. 2. The learned Single Judge dismissed the Writ Petition., mainly on the ground of delay of 22 years in filing the Writ Petition. It is contended that the petitioner is not a well educated person and so he could not take up the challenge before this Court or before any other forum. Be that as it may, the complaint is that the petitioner was assessed for 20% disability during 1965 and he was granted pension in that regard for one year and thereafter, it was discontinued. Now, it is more than 39 years. It is submitted that an opportunity may be given to the petitioner to appear W.A.NO.219/2009 2 before the re-survey Medical Board to establish that he continues to have 20% disability. Since the disability is attributable to Military service, as is evident from Ext.P3, the petitioner claims that he is entitled to get military pension. 3. As rightly held by the learned Single Judge, this Court will not be justified in issuing such a direction. It will be open to the petitioner to approach the first respondent and it is for the first respondent to consider the request of the petitioner. We make it clear that in the event of the petitioner filing such a representation within a period of one month from today, the matter will be considered by the first respondent within three months thereafter. The Writ Appeal is disposed of as above. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.A.NO.219/2009 3 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.A. NO.219/2009 JUDGMENT 17th August, 2009 W.A.NO.219/2009 4