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V.PONNAYYAN versus UNION OF INDIA

High Court of Kerala

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V.PONNAYYAN v. UNION OF INDIA - OP No. 838 of 1997(Y) [2007] RD-KL 10243 (13 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 838 of 1997(Y)

1. V.PONNAYYAN
... Petitioner

Vs

1. UNION OF INDIA
... Respondent

For Petitioner :SRI.B.JAYASURYA

For Respondent :SRI.JAGDEESH LAKSHMAN, ADDL.CGSC

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

Dated :13/06/2007

O R D E R

THOTTATHIL B.RADHAKRISHNAN, J.

O.P.No.838 OF 1997

Dated this the 13th day of June, 2007



JUDGMENT

The petitioner was removed on ground that he became disable to serve the Army. His disability was one which is not attributable to military service or to have been aggravated by military service. The decision of the competent authority was that the petitioner was not entitled to disability pension. He did not appeal against the same. After a long lapse of time, the petitioner made several representations, leading ultimately to Ext.P4 decision, by which, he was told in August, 1992 that the application for disability pension was rejected for the reasons noticed therein. It was also pointed out that inspite of being notified of his right to appeal against that decision, he had not filed any appeal within a period of six months from 28.9.1984, which was the stipulated period going by Rules. Though Ext.P4 was issued in August, 1994, this writ petition is filed in 1997, seeking to rake up the issue on the ground that his case has not OP.838/97 Page numbers been appropriately decided. I do not find any legal infirmity or jurisdictional error in the action taken by the respondents. The writ petition is dismissed. THOTTATHIL B.RADHAKRISHNAN Judge kkb. OP.838/97 Page numbers
=======================

THOTTATHIL B. RADHAKRISHNAN, J

O.P.NO.838 OF 1997

JUDGMENT

13TH JUNE, 2007.
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Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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