IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 6TH MARCH 2009 / 15TH PHALGUNA 1930 WP(C).No. 7285 of 2009(E) ------------------------- PETITIONER: --------------- R. SASIDHARAN NAIR, EX-JC-840570 A, HONY. SUB MAJOR, DEFENCE SERVICE CORPS, RESIDING AT AYILLIAM, MOTHRAKONAM, ENIKKARA, KARAKULAM.P.O, THIRUVANANTHAPURAM. BY ADV. SRI.G.SASIDHARAN CHEMPAZHANTHIYIL SRI.S.VISHNU RESPONDENTS: --------------- 1. THE OFFICER-IN-CHARGE, DEFENCE SERVICE CORPS RECORDS, MILL ROAD, KANNUR. 2. PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS (P), ALLAHABAD, DRAUPADI GHAT, ALLAHABAD - 211 014. 3. DIRECTOR (PENSIONS), MINISTRY OF DEFENCE, NEW DELHI. 4. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF DEFENCE, NEW DELHI. BY ASG SRI.P.PARAMESWARAN NAIR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.7285 of 2009 -------------------------- Dated this the 6th March,2009 J U D G M E N T The main relief sought for in the writ petition is for a direction to the 1st respondent to consider and pass orders on Exhibit-P5 appeal filed by the petitioner. 2. Petitioner was enrolled in 117 Infrantry Battalion on 18.6.1989. Thereafter he joined the Defence Security Corps on 15.4.1972. He was discharged on medical grounds on 1.3.2003 on attaining the age of 55 years due to hyper tension. 3. According to the petitioner, the denial of disability pension is clearly arbitrary. It is also pointed out that the medical reports does not support the stand that the disability was not attributable or aggrevated by military service. 4. Since the appeal is pending before the appellate authority, there will be a direction to the 4th respondent to dispose of Exhibit-P5 within a period of three months from the date of receipt of a copy of this judgment. (T.R.RAMACHANDRAN NAIR, JUDGE) ma 2 3