IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 25TH JUNE 2010 / 4TH ASHADHA 1932 WP(C).No. 19246 of 2003(N) -------------------------- PETITIONER(S): ---------------------- 1. THOMAS JOHN, KOTTAKKAKATHU PUTHENPURAYIL HOUSE, MUTTOM P.O., ALLEPPEY DIST. HARIPAD, KERALA. PIN : EX-SERVICEMAN, INDIAN ARMY, JUNIOR COMMISSIONED OFFICER. 2. SOBHA KURIAN, KOTTAKKAKATHU PUTHENPURAYIL HOUSE, MUTTOM.P.O., DIST.ALLEPPEY, HARIPAD, KERALA. PIN: BY ADV. SRI.KUNNEL JOSEPH THOMAS RESPONDENT(S): ------------------------ 1. CHIEF RECORD OFFICER, EME RECORDS, SECUNDRABAD - 21. 2. PCDA (P), ALLAHABAD. 3. RESIDENT DIRECTOR GENERAL OF EME DHQTO, NEW DELHI - 110 011. ADV. SRI.C.S.ABDUL SAMMAD, ADDL.CGSC FOR R1TO3 SRI.THOMASMATHEW NELLIMOOTTIL,SR.PANEL FOR R1TO3 SRI.K.M.JAMALUDHEEN, CGC FOR R1TO3 GOVT.PLEADER SRI.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.19246/03 APPENDIX PETITIONERS' EXHIBITS EXT.P1: COPY OF DISCHARGE BOOK IN RESPECT OF JC 750065 W NB- SUB/TECH 'B' VEH THOMAS JOHN. EXT.P2: RECORD OF SERVICE IN RESPECT OF JC 750065 W NB- SUB/TECH 'B' VEH THOMAS JOHN. EXT.P3: DISCHARGE SLIP COMMAND HOSPITAL (SC), PUNE-40 IN RESPECT OF JC 750065 W NB-SUB/TECH 'B' VEH THOMAS JOHN. EXT.P4: REJECTION OF DISABILITY PENSION CLAIM LETTER DATED 19.2.2002 IN RESPECT OF JC 750065 W NB-SUB/TECH 'B' VEH THOMAS JOHN. EXT.P5: APPEAL PREFERRED AGAINST REJECTION OF DISABILITY PENSION CLAIM DATED 14.3.2003 IN RESPECT OF JC 750065 W NB- SUB/TECH 'B' VEH THOMAS JOHN. EXT.P6: LAWYERS NOTICE ADDRESSED TO FIRST RESPONDENT. EXT.P7: MEDICAL CERTIFICATE ISSUED BY MEDICAL BOARD DISTRICT HOSPITAL, ALAPPUZHA DATED 12.5.2003. EXTS. OF R1 EXT.R1(1): TRUE COPY OF THE DEATH CERTIFICATE PRODUCED BY THE 2ND RESPONDENT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 19246 OF 2003 (N) ===================== Dated this the 25th day of June, 2010 J U D G M E N T In this writ petition, the respondents have filed IA No.12600/2004. It is stated that the first petitioner has expired during the pendency of the writ petition and Ext.R1(1) is the death certificate. The legal representatives of the first petitioner have not come on record. 2. That apart, it is also stated that during the pendency of the writ petition, the benefits due have been disbursed and therefore the writ petition has become infructuous. In view of the above, and as there is no representation on behalf of the petitioners, this writ petition is dismissed. ANTONY DOMINIC, JUDGE Rp