IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 WP(C).No. 7558 of 2005(Y) ------------------------- PETITIONER(S): --------------- M.K.BALAGANGADHARAN (NO.1234612, EX-COOK (CIVILIAN) ARTILLERY CENTRE, HYDERABAD) NOW RESIDING AT MANGALATH HOUSE, OLIYAPURAM, PADIYOOR POST, PIN 680 695, TRICHUR DISTRICT. BY ADVS. SRI.V.A.PRADEEP KUMAR SRI.SANTHOSH SUBRAMANIAN RESPONDENT(S): --------------- 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF DEFENCE S.BLOCK, NEW DELHI 2. CHIEF OF ARMY STAFF, ARMY HEAD QUARTERS NEW DELHI. 3. THE COMMANDANT, MUKHYALAYA, TOPKHANA KENDER, HEAD QUARTERS, ARTILLERY CENTRE, HYDERABAD 560 031. ADV. SRI.NOUSHAD THOTTATHIL, ADDL.CGSC FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) 7558/2005 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : TRUE COPY OF THE CERTIFICATE ISSUED BY THE 2ND RESPONDENT DATED 5.7.1986 EXHIBIT P2 SERIES : TRUE COPY OF THE MEDICAL CERTIFICATE DT. 4.6.90 AND 6.2.2004 ISSUED BY SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCES AND TECHNOLOGY, TRIVANDRUM. EXHIBIT P3 : TRUE COPY OF THE PETITION SUBMITTED BY PETITIONER BEFORE THE 3RD RESPONDENT DT. AUGUST, 1988. EXHIBIT P4 : TRUE COPY OF THE COMMUNICATION DT. 8.9.1988 FROM THE 3RD RESPONDENT TO THE PETITIONER. EXHIBIT P5 : TRUE COPY OF THE LAWYER NOTICE ISSUED BY PETITIONER TO THE 3RD RESPONDENT DT. 29.8.1991. EXHIBIT P6 : TRUE COPY OF THE PETITION SUBMITTED BY PETITIONER BEFORE THE 3RD RESPONDENT DT. 1.1.2005 /TRUE COPY/ P.A. TO JUDGE. vkm KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.7558 of 2005 ---------------------------------------------- Dated 18th December, 2008. J U D G M E N T The writ petition is filed mainly with the following prayer :- “Issue a writ, or direction directing the third respondent to consider and grant pension and gratuity in a sympathetic manner Ext.P3, P6 in accordance with law in the light of the decision reported in the ILR 2003(2) page 493 (FB) by this Honourable court without delay for the interest of justice.” There is no counter affidavit. In case no orders have been passed on Exts.P3 and P6, petitioner may produce a copy of this judgment along with a copy of the writ petition before the third respondent, in which case, appropriate orders in accordance with law, adverting to the contentions taken by the petitioner will be passed by the third respondent/competent authority, within three months from the date of such production. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs OP NO. 2 KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.7558 of 2005 ---------------------------------------------- J U D G M E N T Dated 18th December, 2008.