IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 24TH JUNE 2011 / 3RD ASHADHA 1933 WP(C).No. 14883 of 2011(I) -------------------------- PETITIONER(S): --------------- EX.SGT GEORGE MATHEW, KALLUPALM HOUSE, PAMPADI POST, KOTTAYAM. BY ADV. SRI.P.RAVEENDRAN RESPONDENT(S): --------------- 1. THE GOERNMENT OF INDIA, REP. BY SECRETARY MINISTRY OF DEFENCE, NEW DELHI-110001. 2. THE CHIEF OF AIR STAFF, AIR HQ, VAYU BHAVAN, NEW DELHI-110001. 3. AIR OFFICER COMMANDING, SOUTHERN AIR COMMAND, IAF, AKKULAM, THIRUVANANTHAPURAM-695030. 4. THE COMMANDING OFFICER, SAC (U), AIR FORCE, AKKULAM, THIRUVANANTHAPURAM-695030. ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA FOR R THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 14883/2011 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE ORDER IN T.A.NO.132/2010. P2. COPY OF THE ORDER IN I.A.No. 87/2011. P3. COPY OF THE RECEIPT OF INTIMATION TO THE RESPONDENTS DTD.14.10.10 TO COMPLY WITH THE ORDER OF THE TRIBUNAL. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 14883 of 2011 ================== Dated this the 24th day of June, 2011 J U D G M E N T The petitioner is an ex-sergeant in the Indian Air Force, who was dismissed from service by order dated 29.3.2006 by the 3rd respondent. Against the dismissal, the petitioner filed W.P.(C).No. 21060/2007 before this Court. When the Armed Forces Tribunal was constituted, the same was transferred to that Tribunal, who adjudicated it as T.A.No.132/2009. After adjudication, the Tribunal passed Ext.P1 impugned order directing that the petitioner shall be deemed to have been discharged from service on 29.3.2006 with consequential benefits. The petitioner now submits that although that order was passed as early as on 30.9.2010, the same has not been implemented yet, despite the Tribunal granting six months' time for doing the same. The petitioner further submits that now the Tribunal is not functioning for want of appointment of a judicial member and taking advantage of that situation, the respondents are not implementing Ext.P1 order. The petitioner is unable to move for execution of the judgment since the Tribunal is not functioning at present. It is further submitted that the Tribunal also passed Ext.P2 order dismissing the special leave petition filed by the respondents for leave to file appeal before the Supreme Court. w.p.c.14883/11 2 2. The learned Assistant Solicitor General, on instructions, submits that the respondents have filed a petition before the Tribunal for extension of time and, therefore, Ext.P1 cannot be complied with. 3. I do not find any bona fides in the submission of the respondents. They know very well that the Tribunal is not functioning at present. Further, more than 9 months have elapsed after the judgment of the Tribunal, which is more than sufficient to implement the same. As such, there is no point in filing a petition before the Tribunal for extension of time. In the above circumstances, this writ petition is disposed of with a direction to the respondents to comply with the directions in Ext.P1 order within two weeks from the date of receipt of a certified copy of this judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge