V.Vishnuprasad vs Union Of India
2021 Latest Caselaw 20271 Ker

W.P(C).10052/2021
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                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                    THE HONOURABLE MR. JUSTICE SUNIL THOMAS
     THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943
                            WP(C) NO. 10052 OF 2021
PETITIONER/S:

             V.VISHNUPRASAD, AGED 29 YEARS, NO.952193 R, CPL LGS
             ASST UNIT AFRO NEW DELHI, RESIDING AT T.C.37/2829, GRA
             A-23/1, VATTIYOORKAVU P.O., THIRUVANANTHAPURAM-695013.

             BY ADVS.
             KALEESWARAM RAJ
             SRI.VARUN C.VIJAY
             KUM.THULASI K. RAJ


RESPONDENT/S:

      1      UNION OF INDIA, REPRESENTED BY THE SECRETARY FOR
             MINISTRY OF DEFENCE, SOUTH BLOCK, PIN-110011.

      2      CHIEF OF AIR STAFF,
             AIR HQS RK PURAM, NEW DELHI, PIN-110011.

      3      DIRECTOR,
             DIRECTORATE OF AIR VETERANS, SUBRATO PARK, NEW DELHI-
             110010.

      4      CONTROLLER OF DEFENCE ACCOUNTS (AIR FORCE),
             NEW DELHI-110010.

      5      DIRECTOR,
             KIMS HOSPITAL, ANAYARA P.O., THIRUVANANTHAPURAM-695029.

             BY ADV G.MAHESWARY FOR R1 TO R4


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).10052/2021
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                                JUDGMENT

Petitioner, while in service of Indian Air Force, met with an accident

on 04.02.2015. Thereafter, it seems that, he became paralyzed and is

bedridden now. He has been denied his disability pension on the ground

that the accident was neither attributable to nor reaggravated by the

military force. He filed an appeal, which was rejected, which is under

challenge before the Armed Force Tribunal, Kochi as O.A.No.392 of 2019.

Petitioner has approached this Court seeking reliefs on a premise that the

Armed Force Tribunal, Kochi was not sitting.

2. Learned Assistant Solicitor General of India, on instructions,

submitted that the Armed Force Tribunal has started sitting and

accordingly, the matter is likely to be taken up.

3. After hearing the learned counsel for the petitioner and the

learned ASG, I am inclined to dispose of the Writ Petition itself with a

direction to the Armed Force Tribunal, Kochi to take up O.A.No.392 of

2019 and after hearing both sides, to dispose it of in accordance with law

as expeditiously as possible, at any rate, within a period of three months

from the date of receipt of a copy of this judgment.

Writ Petition is disposed of as above.

Sd/-

SUNIL THOMAS JUDGE Sbna/ W.P(C).10052/2021

APPENDIX OF WP(C) 10052/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE CASE SHEET OF THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE REJECTION OF THE DISABILITY PENSION OF THE PETITIONER DATED 28.2.2019.

EXHIBIT P3 TRUE COPY OF THE O.A.NO.392/2019 (WITHOUT DOCUMENTS).

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE MOTHER OF THE PETITIONER BEFORE THE HON'BLE PRIME MINISTER.

EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 15.9.2020 IN WP(C) NO.14696/2020 AND CONNECTED CASES.