T.S.Ajith Kumar vs Union Of India
2022 Latest Caselaw 9478 Ker

               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

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

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