IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
WP(C) NO. 25631 OF 2022
PETITIONER:
T.S.AJITH KUMAR
AGED 48 YEARS
VETERAN UTTAM ADHIKARI, NO.02659-T,
AVITTOM HOUSE, ARA-9A, UDAYAMPEROOR(PO), PUTHIYAKAVU,
TRIPUNITHURA, ERNAKULAM(DT), KERALA-682307.
BY ADVS.
V.K.SATHYANATHAN
VINOD K.C.
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY, MINISTRY OF DEFENCE,
SOUTH BLOCK, NEW DELHI 110 011.
2 THE DIRECTOR GENERAL INDIAN COAST GUARD
COAST GUARD DIRECTORATE, NATIONAL STADIUM COMPLEX,
NEW DELHI -110 001
3 THE OFFICER-IN-CHARGE
BUREAU OF NAVIKS CHEETAH CAMP, MANKHURD,
MUMBAI-400 088
4 PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS (PENSIONS),
OFFICE OF THE P.C.D.A. (P), DRAUPADI GHAT,
ALLAHABAD, UTTAR PRADESH - 211 014.
BY ADV MANU S., ASG OF INDIA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 25631 OF 2022
2
JUDGMENT
Dated this the 25th day of August, 2022 This writ petition is filed seeking the following prayers:
"(i) Call for the records, and issue a writ of certiorari or any other order or direction quashing the observation of the Medical Board regarding attributability and aggravation of the petitioner's disease.
(ii) Issue a writ of mandamus or any other order or direction directing the respondents to sanction and pay disability pension to the petitioner with effect from 10.11.2020 and other benefits attached to it, with broad banding of disability element to 50%."
2. Heard the learned counsel for the petitioner and the learned Assistant Solicitor General of India appearing for the respondents.
3. It is submitted by the learned counsel for the petitioner that pointing out the petitioner's grievances, the petitioner has approached the 2nd respondent with Ext.P3 appeal which may be directed to be considered in accordance with law.
4. There will, accordingly, be a direction to the 2nd respondent to take up Ext.P3 appeal preferred by the petitioner and to consider and pass orders on the same, after adverting to the contentions raised WP(C) NO. 25631 OF 2022 3 therein. Appropriate orders shall be passed within a period of two months from the date of receipt of a copy of this judgment.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE NP WP(C) NO. 25631 OF 2022 4 APPENDIX OF WP(C) 25631/2022 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF THE SERVICE AND DISCHARGE CERTIFICATE PERTAINING TO THE PETITIONER Exhibit P2 TRUE COPY OF THE LETTER NO. 02659 DATED 14-2-
2022 ALONG WITH ENCLOSURES Exhibit P3 TRUE COPY OF THE APPEAL DATED 14-3-2022 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: NIL