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SHAJAN M.J. (EX

High Court of Kerala

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SHAJAN M.J. (EX-SEP NO. 2590987) v. UNION OF INDIA, REPRESENTED BY THE - OP No. 35578 of 2002(I) [2007] RD-KL 6475 (28 March 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 35578 of 2002(I)

1. SHAJAN M.J. (EX-SEP NO. 2590987)
... Petitioner

Vs

1. UNION OF INDIA, REPRESENTED BY THE
... Respondent

2. CONTROLLER OF DEFENCE (ACCOUNTS)

3. THE RECORD OFFICER FOR OIC RECORDS,

For Petitioner :SRI.GRASHIOUS KURIAKOSE

For Respondent :SMT.BINDU K NAIR - ACGSC

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :28/03/2007

O R D E R

KURIAN JOSEPH, J.

O.P.No.35578 of 2002 Dated 28th March, 2007.

J U D G M E N T

Petitioner is aggrieved since he is denied the disability pension. It is seen from the counter affidavit that the petitioner was discharged from service on account of Generalised Tonic Clonic Seizure (343). It is seen from the medical records made available that the disability is neither attributable nor aggravated by military service. It is also seen from the counter affidavit that the petitioner pursued the appeal before the Government of India only after ten years. Learned counsel for the petitioner, faced with such a situation vehemently contended that the petitioner was directed to be given a sheltered posting and the discharge was only on account of non-availability of sheltered posting. That is an independent issue, which the petitioner should have pursued at the appropriate time. In case he was not given a sheltered posting despite request and in case the petitioner is otherwise entitled for any service benefits on account of non-availability of sheltered posting, the petitioner is free to pursue such grievance before the first respondent. Without prejudice to such liberty, this OP NO.35578/02 2 writ petition is dismissed, holding only that the petitioner is not entitled to get disability pension.

KURIAN JOSEPH, JUDGE.

tgs

KURIAN JOSEPH, J

O.P.No.35578 of 2002 (I)

J U D G M E N T

Dated 28th March, 2007.


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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