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Madras High CourtWP/27430/2024disposed of with direction

Muthu Jagannath v. Union Of India

2026-01-22Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-01-2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI and WMP. No.335 of 2026 Muthu Jagannath ..Petitioner Vs 1.Union of India rep. by its Secretary to Government, Ministry of Defence, Department of Pension & AC, New Delhi.

2.The Chief of Army Staff, Army Headquarter, New Delhi-110 011.

3.The Chief Controller Defence Accounts (Pensions), Ulan Batar Road, Palam, Delhi Cantt-110 010.

4.The Additional Dte Gen Manpower Integrated HQ of MOD (Army), AG's Branch, West Block-III, PIN-900 108.

5.The Commandant, Indian Military Academy, PIN 900 461.

... Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to disburse the monthly ex-gratia amount and ex-gratia disability award to the petitioner from the date of invalidation i.e., from 21.09.1192 to till now without insisting on a Certificate from the Invalidating Medical Board. For Petitioner(s):

Ms.Shubha Ranjani Ananth For Respondent(s):

Mr.K.K.Ramanamoorthy, SPC

ORDER

This Writ Petition has been filed seeking a direction to the respondents to disburse the monthly ex-gratia amount and ex-gratia disability award to the petitioner from the date of invalidation i.e., from 21.09.1192 to till now without insisting on a Certificate from the Invalidating Medical Board.

2. Heard the learned counsels appearing on either side.

3. The learned counsel for the petitioner submitted that the petitioner joined the Indian Army in the year 1988 and since he sustained fracture during training, he was medically invalidated on 21.09.1992. She contended that if a person is medically invalidated, he is entitled to monthly ex-gratia and ex-gratia disability award as per the Entitlement Rules i.e., Rule 4(s) framed for Casualty Pension and Disablement Compensation Awards to Armed Forces Personnel as notified in 2023, however, the same was not paid to the petitioner. She further submitted that the petitioner made representations, however there was no response and hence, the present Writ Petition.

4. Per contra, the learned counsel appearing for the respondents submitted that the petitioner has not produced the necessary documents to substantiate his medical invalidation.

5. Considering the submissions made by the respective learned counsels, this Court directs the petitioner to produce the necessary documents sought for by the Department to substantiate their stand of medical invalidation within a period of two weeks from the date of receipt of a copy of this order and on

receipt of the same, the second respondent shall consider the same in accordance with law and pass appropriate orders, within a period of four weeks therefrom.

6. With the above directions, the Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. There shall be no order as to costs.

22-01-2026 Index: Yes/No Speaking/Non-speaking order DP

To 1.Union of India rep. by its Secretary to Government, Ministry of Defence, Department of Pension & AC, New Delhi.

2.The Chief of Army Staff, Army Headquarter, New Delhi-110 011.

3.The Chief Controller Defence Accounts (Pensions), Ulan Batar Road, Palam, Delhi Cantt-110 010.

4.The Additional Dte Gen Manpower Integrated HQ of MOD (Army), AG's Branch, West Block-III, PIN-900 108.

5.The Commandant, Indian Military Academy, PIN 900 461.

M.DHANDAPANI, J.

DP and WMP. No.335 of 2026 22-01-2026