Ex No. 14359455 H Gunner Sushil ... vs Union Of India
2023 Latest Caselaw 9973 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                     &
           THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
     MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945
                         W.P.(C) NO.29724 OF 2023
PETITIONER/APPLICANT:


           EX NO. 14359455 H GUNNER SUSHIL KUMAR M.V.,
           AGED 54 YEARS, S/O. LATE K.M. RAVUNNI NAIR,
           RAJANI BHAVAN, VELUTHA KODUNGAZHIL PARAMBU,
           KUTTULANGADI, RAMANATTUKARA P.O.,
           KOZHIKODE DIST, KERALA, PIN-673 633.

           BY ADVS.
           V.K.SATHYANATHAN
           VINOD K.C.


RESPONDENTS:


     1     UNION OF INDIA
           REPRESENTED BY ITS SECRETARY,
           MINISTRY OF DEFENCE, SOUTH BLOCK,
           NEW DELHI, PIN-110 011.

     2     THE CHIEF OF ARMY STAFF,
           INTEGRATED HEAD QUARTERS OF MINISTRY OF DEFENCE (ARMY),
           SOUTH BLOCK, NEW DELHI, PIN-110 011.

     3     PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS (PENSION),
           ALLAHABAD, OFFICE OF THE P.C.D.A (P),
           DRAUPADI GHAT, ALLAHABAD, PIN-211 014.

     4     THE OIC RECORDS ARTILLERY RECORDS,
           PIN-908 802, C/O 56 APO.

           ADV. SUVIN R. MENON FOR DSGI

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                   -2-
W.P.(C) No.29724 of 2023




   A.MUHAMED MUSTAQUE & SHOBA ANNAMMA EAPEN, JJ.
   ---------------------------------------------
              W.P.(C) No.29724 of 2023
     -----------------------------------------
     Dated this the 18th day of September, 2023

                             JUDGMENT

A.Muhamed Mustaque, J.

The petitioner was the applicant before the

Armed Forces Tribunal, Regional Bench, Kochi in

O.A. No.151 of 2019. The petitioner invalidated

from the service on 18.09.1986 due to the

disability of 'Personality Disorder'. The

petitioner in fact approached this Court as early

as in the year 2004 for sanctioning disability

pension in W.P.(C) No.18611/2004. This Court

directed the respondents to consider the

representation and pass appropriate orders. They

considered the representation and rejected the

same. Therefore, the petitioner again approached

this Court in W.P.(C) No.12976/2009. That was

transferred to Armed Forces Tribunal, Regional

W.P.(C) No.29724 of 2023

Bench, Kochi and numbered as T.A. No.144/2010.

The Tribunal dismissed the Transfer Application

vide order dated 17.07.2013. However, the

Tribunal ordered that the petitioner is at

liberty to make a request for constitution of

Reassessment Medical Board.

2. Thereafter, the petitioner made a request

for constitution of Reassessment Medical Board.

However, the official respondents instead of

considering the request in the light of the

direction of the Tribunal in T.A. No.144 of 2010

treated it as a claim for disability pension and

directed to file First Appeal. The petitioner

submitted a time barred First Appeal dated

22.12.2015 which was rejected vide letter dated

15.02.2017. The petitioner subsequently filed a

Second Appeal dated 30.12.2017 which was also

rejected vide letter dated 07.12.2018. Thus the

petitioner was constrained to approach the

Tribunal. The Tribunal had gone into the matter

in detail and found out that the petitioner's

W.P.(C) No.29724 of 2023

claim for disability pension has already been

rejected and there is no scope for re-opening the

same. It is to be noted that the petitioner's

remedy for reassessment is not addressed so far.

The request has been made by the petitioner but

the same have been treated as a First Appeal and

thereafter a Second Appeal for a disability

pension.

3. Having considered the earlier directions,

we are of the view that the official respondent

is bound to consider the petitioner's request for

constitution of reassessment Medical Board in the

light of the earlier directions in T.A.

No.144/2010. The petitioner cannot re-agitate the

issue relating to the disability pension.

4. Therefore, notwithstanding the impugned

order, there shall be a direction to the

competent authority among the respondents to

consider the petitioner's request for

constitution of Reassessment Medical Board in the

light of the order in T.A. No.144/2010 (Annexure

W.P.(C) No.29724 of 2023

A4) and pass appropriate orders, after affording

an opportunity of hearing to the petitioner,

within a period of two months from the date of

receipt of a copy of this judgment.

The writ petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

SHOBA ANNAMMA EAPEN JUDGE bpr

W.P.(C) No.29724 of 2023

APPENDIX OF WP(C) 29724/2023

PETITIONER'S EXHIBITS

Exhibit-P1 A TRUE COPY OF THE ORIGINAL APPLICATION OA NO. 151/2019 ALONG WITH ANNEXURES A1 TO A10 DATED 27.02.2019.

Exhibit-P2 A TRUE COPY OF THE REPLY STATEMENT DATED 06 FEB 2023 SUBMITTED BY THE RESPONDENTS.

Exhibit-P3 A TRUE COPY OF THE ORDER DATED 21 FEB 2023 IN O.A. NO. 151 OF 2019 PASSED BY THE ARMED FORCES TRIBUNAL REGIONAL BENCH, KOCHI.

Exhibit-P4 A TRUE COPY OF THE ORDER IN OA NO 68 OF 2018, VETERAN CFN C.P PRASAD VS UNION OF INDIA, ORDER DATED 30.11.2021.