IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7045 of 2010 SWAMEE NATH RAI S/O LATE CHATU RAI R/O VILL.- GAIGHAT, P.O.- ASHA PARARI, P.S.- DUMRAON, DISTT.- BUXAR Versus 1. THE UNION OF INDIA THROUGH THE SECRETARY MINISTRY OF DEFENCE, NEW DELHI 2. AIR CHIEF MARSHALL VAYU BHAWAN, NEW DELHI 3. AIR COMMANDER, AIR OFFICER COMMANDING 29 WING AIR FORCE, A.F. STATION 4. JOINT DIRECTOR JDPA - III AIR HEADQUARTERS, VAYU BHAWAN, NEW DELHI - 110011 5. SQN LEADER 0 i/e PEN & WEL WG (DP) FOR AOC AIR FORCE RECORD OFFICE, SUBROTO PARK, NEW DELHI - 110010 ----------- 2 23.04.2010 Heard learned counsels for the petitioner and the Union of India. The grievance of the petitioner is that he was discharged from the services of the Air Force vide letter dated 26th May, 2004 (Annexure-2) on account of his becoming disable while discharging his duty, and as such, he was entitled to claim for disability pension under the relevant regulation which was initially rejected, however on appeal the petitioner was allowed disability pension at 30% till life w.e.f. 27th May, 2004. Learned counsel for the petitioner, however, submits that although under the statutory regulation there is provision for second appeal before the Defence Minister’s Appellate Committee which the petitioner could not avail. Learned counsel for the respondent-Union of India submits that the petitioner ought to have exhausted the statutory forum before approaching this Court. Considering the submissions, the petitioner is permitted to avail the remedy of appeal before the Defence Minister’s Appellate Committee as submitted by the petitioner. In this view of the matter, in case such appeal is preferred within a period of six weeks from today, the appeal so preferred be considered in accordance with law expeditiously preferably within a period of four months on receipt of such appeal so that the grievances of the petitioner could be settled without delay and the admitted dues, if any, could also be paid as per law. The writ application stands disposed of with the above observations/directions. Manish/- (Shailesh Kumar Sinha,J.)