IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15906 of 2004 ANJANI KUMAR, SON OF KRISHNA GOPAL SINGH, RESIDENT OF VILLAGE & P.O. SABALPUR, P.S. SONPUR, DISTRICT SARAN, AT PRESENT A RETIRED T.S. NAIK CARPENTER AND JUNIOR 55, ENGNEER MANIPUR ASSAM. ----PETITIONER Versus 1. THE UNION OF INDIA THROUGH ITS SECRETARY, DEFENCE, GOVT. OF INDIA, NEW DELHI. 2. CHIEF OF ARMY STAFF, NEW DELHI. 3. COMMANDING OFFICER, 55 ENGINEER REGIMENT APO. 4. ADDITIONAL DIRECTOR, PERS SERVICES, ADJUTANT GENERAL’S BRANCH-4(D), ARMY HEADQUARTER DIL GPO, NEW DELHI-1100011. 5. OFFICER INCHARGE, AKHILAKH BENJAL ABHIYANTA SAMOOH, BENJAL ENGINEER GROUP, ROOKEE-247667. ----RESPONDENTS ----------- 9. 6.5.2009 Heard the learned counsel for the petitioner and the respondent-Union of India. The learned counsel appearing on behalf of the Union of India at the outset submits that the petitioner is assailing the order dated 30th of June, 2004, as contained in Annexure 4, whereby the disability pension, as claimed by the petitioner, has been rejected. It is further submitted that the aforesaid order was an appealable order, but the petitioner did not choose to file such appeal against the order and as such the writ petition should not be entertained. The learned counsel for the petitioner, in reply, submits that the appeal has already been filed and copy of the memo of appeal has been annexed as Annexure 5 to the writ application. However, in the counter affidavit filed on behalf of the respondents, the filing of such appeal has been denied. Considering the submission of the parties, notwithstanding the claim of the petitioner that he has already filed an 2 appeal, as contained in Annexure 5, the petitioner proposes to file an appeal against the impugned order dated 30th of June, 2004, as contained in Annexure 4, before the Additional Director General (respondent no.4). The petitioner is, thus, permitted to file an appeal before respondent no.4 within a period of six weeks along with the certified copy of the present order. The petitioner will be at liberty to take all such grounds in support of his appeal. In case such an appeal is filed, the respondent no.4 shall consider the appeal of the petitioner upon perusal of the relevant records and the entire medical report, especially Part V of the Medical report. The petitioner will also be at liberty to send the complete memo of appeal by registered post with acknowledgment due. The aforesaid appeal, if filed by the petitioner, be disposed of by respondent no.4 by a reasoned order in accordance with law within a period of two months on receipt of such appeal before him. The order passed on such appeal shall be communicated to the petitioner by post under registered cover. The writ application is disposed of with the above observations/directions. PNM (Shailesh Kumar Sinha, J.)