IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 15TH JANUARY 2009 / 25TH POUSHA 1930 WP(C).No. 11115 of 2008(W) ---------------------------------------- PETITIONER(S): ------------------------- K.J.POULOSE,EX-GNR NO.14457829.K., KURIAPPURAM HOUSE, CHATHAMANGALAM P.O., CHEENIKODE, NEMMARA - 678 508. PALAKKAD DISTRICT,KERALA STATE. BY ADV. SRI.C.P.PEETHAMBARAN SRI.S.KRISHNA PRASAD (AYALUR) RESPONDENT(S): --------------------------- 1. UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF DEFENCE (PENSION A), NEW DELHI - 110 011. 2. THE SENIOR RECORD OFFICER, TOPKHANA ABHILEK, (FIRST APPELLATE COMMITTEE, PENSION GRIEVANCE),ARTILLERY RECORDS, PIN-900 482,C/O.56 APO. 3. CHIEF OF ARMY STAFF, ARMY HEAD QUARTERS, NEW DELHI. ADV. SRI.T.SANJAY, ACGSC FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.11115/2008 W APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE FITNESS CERTIFICATE ISSUED BY THE MEDICAL BOARD TO THE PETITIONER. EXT.P2: COPY OF THE LETTER DT. 22/03/1990 OF ASST.RECORD OFFICER. EXT.P3: COPY OF THE LETTER DTD. 8/03/2006 ISSUED BY THE DEFENCE MINISTER. EXT.P4: COPY OF THE APPEAL DTD. 20/04/2006 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P5: COPY OF THE ORDER DTD. 23/05/2006 OF THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R1(A): COPY OF THE REGULATION 173 OF PENSION REGULATIONS FOR THE ARMY 1961. EXT.R1(B): COPY OF THE LETTER DTD. 12/05/1986. EXT.R1(C): COPY OF THE LETTER DTD. 7/10/2005. EXT.R1(D): COPY OF THE PARAGRAPH 135 OF DEFENCE SERVICE REGULATIONS FOR THE MEDICAL SERVICES 1962. /TRUE COPY/ P.A.TO JUDGE Kss T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.11115/2008-W ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 15th day of January, 2009 J U D G M E N T The petitioner seeks for sanction of disability pension, for the disability, which he sustained, which is attributable to the military service. He was enrolled in the service of the Army on 22/11/1978 as Driver of Artillery 37 (C) Medium Regiment. According to the petitioner, because of certain stress and strain etc., he sustained various ailments which affected his mental condition. Therefore, the Medical Board categorised him in 'EEE' category and he was recommended for discharge from service on 25/04/1985 and, accordingly, he was declared as invalid. He became disabled due to Neurosis and, hence, discharged. Ext.P6 is the certificate issued by the Medical Board. The petitioner subsequently had to be hospitalised for Schizophrenia which according to him has happened because of the stress and strain in his military service. The petitioner applied for grant of disability pension which was rejected by the first authority stating that the discharge was not viewed as either attributable to or aggravated by the military service and, he was granted only Rs.4,421/- as invaliding Gratuity and Rs.2,446/- on account of D.C.R.G in respect of the petitioner's six years and 218 days qualifying service. It appears that the petitioner's claim for disability pension was submitted to the Minister for W.P.(C) No.11115/2008 -:2:- Defence through the local Member of the Parliament and by Ext.P3, the Minister for Defence intimated that the petitioner may file a first appeal before the Appellate Committee through the Record Office concerned. Accordingly, he filed Ext.P4 appeal before the First Appellate Committee. But the appeal was rejected stating that the petitioner had not preferred the appeal within six months from the date of issue of the first order (Ext.P5). Aggrieved by the said order, he has approached this Court. The respondents have filed a counter affidavit. 2. Going by Ext.P5, it is clear that Ext.P4 appeal has not been considered by the Appellate Committee since the Senior Record Officer for OIC Records has chosen to return the same, stating that the appeal has not been filed within the stipulated time. In Ext.P4 appeal the petitioner has given due explanation stating that he was a psychiatric patient after his discharge from the Army service and, therefore, some delay had occurred in submitting the appeal within the specified time limit. It was therefore, not proper for the Record Officer to reject the appeal without forwarding it to the Appellate Committee since the Appellate Committee alone has the authority to pass orders on the appeal. In that view of the matter, Ext.P5 is set aside. The second respondent is directed to place the appeal, Ext.P4, before the first Appellate Committee within a period of one month from the date of receipt of the copy of this judgment. W.P.(C) No.11115/2008 -:3:- 3. The learned counsel for the petitioner relied on the decision of this Court in Damodaran v.Union of India [1996 (2) KLT 912] wherein, in similar circumstances, this Court held that the disability (Neurosis) is attributable to the military service or aggravated by the military service. 4. The Appellate Committee will also consider the dictum laid down in Damodaran's case [1996 (2) KLT 912] as well as the decision of the Full Bench of this Court in Baby v.Union of India [2003 (3) KLT 362] while taking a decision on the appeal. The petitioner may forward copies of the above cited decisions and a copy of this judgment to the second respondent for submitting the same before the Appellate Committee. 5. The Appellate Committee shall dispose of the appeal on merits without harping on the decision of the Senior Record Officer, within a period of two months from the date of receipt of the records from the second respondent. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms