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High Court of KeralaWP(C)/39514/2015disposed of

R.Ramakrishnan v. State Of Kerala

2015-12-23Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 23RD DAY OF DECEMBER 2015/2ND POUSHA, 1937 WP(C).No. 39514 of 2015 (L) ---------------------------- PETITIONER :

------------------ R.RAMAKRISHNAN, SON OF RAGHAVAN, AGED 58 YEARS, SEPOY (DISCHARGED FROM MILITARY), RESIDING AT AJU NIVAS, AVANAVU ROAD, PERAMANGALAM P.O THRISSUR - 680 545.

BY ADV. SMT.AMBILY (PREMKUMAR) RESPONDENTS :

-----------------------

1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, GENERAL ADMINISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2. THE DIRECTOR DIRECTORATE OF SAINIK WELFARE, VIKAS BHAVAN THIRUVANANTHAPURAM - 695 001.

3. THE ZILA SAINIK WELFARE OFFICER, ZILA SAINIK WELFARE OFFICE, THRISSUR - 680 021. BY GOVERNMENT PLEADER SRI. BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

bp

WP(C).No. 39514 of 2015 (L) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1: - TRUE COPY OF THE LETTER NO.CCOY 898(AT) BN ASC DATED 24.7.1988 FORWARDING THE COURT OF ENQUIRY AND INJURY REPORT. P2: - TRUE COPY OF THE RELEVANT PAGES OF THE PENSION BOOK. P3: - TRUE COPY OF THE JUDGMENT DATED 14.6.2004 IN OP NO.17816 OF 2000 OF THE HONOURABLE HIGH COURT.

P4: - TRUE COPY OF THE JUDGMENT DATED 20.11.2008 IN W.A.NO.2223/2004. P5: - TRUE COPY OF THE LETTER NO.6464731/SETTLE/RSMB/PEN DATED 23.8.2009 ISSUED BY THE CAPTAIN OIC PENSION.

P6: - TRUE COPY OF THE LETTER DATED 4.1.2013 FROM THE MAJOR, OIC PENSION.

P7: - TRUE COPY OF THE REPRESENTATION DATED JANUARY 2013 ADDRESSED TO THE HONOURABLE CHIEF MINISTER.

P8; - TRUE COPY OF THE LETTER NO.6464731/DP/PEN DATED 20.2.2013 ISSUED BY THE CAPTAIN OIC PENSION.

P9:- TRUE COPY OF THE LETTER NO.3537/SW4/CMSWF/2013/DSW DATED 30.3.2013 ISSUED BY THE 2ND RESPONDENT.

RESPONDENT(S)' EXHIBITS :

NIL.

//TRUE COPY// P.A. TO JUDGE bp

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.39514 of 2015 ****************************************************************************** Dated this the 23rd day of December, 2015

JUDGMENT

The petitioner approached this Court seeking a direction against respondents to grant him benefits under G.O.(P). No.450/99/GAD dated 29.6.1999 on account of his discharge from military service due to 100% disability attributable to the military service. Ext.P7 is the request of the petitioner before the Hon'ble Chief Minister.

This Court is of the view that the first respondent shall take a decision in this matter after hearing the petitioner as well as respondents 2 and 3 within a period of three months. The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln