IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 WP(C).No. 18108 of 2008(E) ----------------------------------------- PETITIONER(S): ------------------------- EX.NO.6880664 HAV.I.P.ASHOKAN, IMBICHERA PYKKAT HOUSE, P.O.CHEEKILODE, VIA. ANTHOLY, CALICUT, KERALA. BY ADV. MR.M.RAJAGOPALAN RESPONDENT(S): -------------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF DEFENCE, NEW DELHI. 2. DIRECTOR GENERAL OF ORDINANCE SERVICE (OS-8B) M G O'S BRANCH, INTEGRATED H Q, MINISTRY OF DEFENCE (ARMY) NEW DELHI - 110011. 3. CHIEF CONTROLLER OF DEFENCE ACCOUNTS (PENSION), ALLAHABAD, UTTAR PRADESH. 4. OFFICER I/C RECORDS, ARMY ORDINANCE CORPS RECORDS, PIN 900453, C/O 56 APO ADV. SMT.MOLLY JACOB,C.G.COUNCIL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.18108/2008 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE LETTER NO.6880664-PEN/SP-2 DT. 19.7.07 OF THE 4TH RESPONDENT. P2:- COPY OF THE LETTER NO.6880664-PEN /SP-2 DT. 20.8.07 OF THE 4TH RESPONDENT. P3:- COPY OF THE LETTER NO.6880664-PEN /SP-2 DT. 7.1.08 OF THE 4TH RESPONDENT. P4:- COPY OF THE LETTER NO.6880664-PEN/SP-2 DT. 14.2.08 OF THE 4TH RESPONDENT. ANNEXURE 1:- COPY OF THE LETTER NO.2780801/OS-8B DT. 21.8.1975 ISSUED BY PETITIONER. ANNEXURE 2:- COPY OF THE LETTER NO.30032/A/ADM(MIL) 12.11.1976 ISSUED BY ASST. RECORD OFFICER. ANNEXURE 3:- COPY OF THE LETTER NO.1512/EST/ME DT. 13.11.76 ISSUED BY CHIEF ORDINANCE OFFICER. ANNEXURE 4:- COPY OF THE LETTER NO.6880664/PEN/SP-2 DT. 223.6.07 ISSUED BY CHIEF RECORD OFFICER. ANNEXURE 5:- COPY OF THE LETTER NO.G2/IV/1063/AOC/2—7 ADT. 1.8.07 ISSUED BY CHIEF RECORD OFFICER. /TRUE COPY/ P.A. TO JUDGE tss T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.18108/2008-E ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 28th day of January, 2009 J U D G M E N T The writ petition is filed seeking for a direction to the respondents to grant special pension to the petitioner from the date of his discharge with all consequential benefits with arrears from that date. This is a case where the petitioner was discharged from the army after serving 13 years and 270 days. According to him, he was discharged due to the reduction of strength of the army, as surplus to the establishment. He was enrolled on 20/06/1963. He had signed to serve 12 years colour service and eight years as reserve . After completion of 12 years, his service was extended for the next eight years from 20/03/1975 to 19/03/1983. While so, on 19/02/1983, after about 14 years he was discharged on sole ground of surplus to the establishment. According to the petitioner he was not given any pension on the ground that he has not completed 15 years the minimum service required for pension. 2. He had been representing the matter to various authorities and, ultimately, he had sent a lawyer notice to the fourth respondent in the matter. The fourth respondent sent reply as per Ext.P1 stating that his case for service pension has already been submitted to PCDA(P) Allahabad, as W.P.(C) No.18108/2008 -:2:- per their letter dated 23/06/2007. Thereafter, the petitioner was issued with Ext.P2 copy of the letter sent by the fourth respondent to the second respondent forwarding the necessary documents required for obtaining Government sanction for the grant of special pension. Aggrieved by the delay in the matter, he has approached this Court filing this writ petition. 3. The respondents have filed a counter affidavit. The details of the service of the petitioner have been stated in the counter affidavit. It is admitted that the petitioner has submitted an application on 21/05/2007 as per legal notice and after examining the matter, his case has been referred by the fourth respondent to the third respondent for grant of special pension under the provisions of para 164 and 167 of the Pension Regulations for the Army Regulations 1961. In paragraph (8) of the counter affidavit it is stated that the case of the petitioner has been taken up with the Intergrated Head Quarters of Ministry of Defence (Army) for obtaining special sanction of the Government for grant of pension to him. Intergrated Head Quarters of Ministry of Defence (Army) has already referred the case of the petitioner to AG/PS-4 (Imp-I) of their Head Quarters for their further action to obtain sanction of the competent authority to grant special pension to the petitioner. It is also stated that the same is still under consideration with Intergrated Head Quarters of Ministry of Defence (Army). W.P.(C) No.18108/2008 -:3:- 4. Heard the learned counsel for the petitioner and the learned Central Government Standing Counsel. The learned counsel for the petitioner submitted that in the light of Regulation 167 of the Pension Regulations for the Army, 1961, the petitioner is entitled for special pension or gratuity. 5. In the light of the fact that the matter is still under active consideration of the second respondent and as one year has already lapsed, there will be a direction to the second respondent to consider the application for sanction of pension to the petitioner in accordance with the relevant rules and pass final orders within a period of three months from the date of receipt of the copy of this judgment. Depending upon the final orders passed by the second respondent, the third respondent will arrange to disburse necessary benefits due to the petitioner without any further delay in the matter. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms