N KARUNAKARAN NAIR Vs. UNION OF INDIA

JUDGEMENT

(1.) 1. The petitioner is aggrieved by the stoppage of pension which he was receiving based on his military service. The case of the petitioner can be summarised thus:

(2.) The petitioner was selected for active military service in June 1963 and joined Madras Regiment in Unit No.18 B Company as Sepoy. According to the petitioner, he was awarded Sainya Seva Service Medal and Samar Seva Star in 1965. The petitioner has got a further case that he sustained severe injuries during Indo-Pak War in 1965 and was discharged thereafter on medical grounds. The petitioner was being paid disability pension and even though the initial payment was Rs.25/-, that was subsequently increased from time to time to Rs.1,375/- along with the disability demand. According to him, his service pension was stopped from June 2003 even though the disability pension was stopped in 1997. Even though the petitioner challenges the various communications served on him, the matter need not be gone into in detail in view of the order I propose to pass .

(3.) During the pendency of the writ petition, Exts.R8 and R9 communications have been issued to the petitioner. In the counter affidavit, it has been clearly stated that the petitioner has not preferred any appeal against the rejection of disability pension, so far. Since the petitioner has got a remedy of appeal before the Army Headquarters First Appellate Authority, I think that the petitioner can be given a fresh opportunity to avail of the remedy of appeal considering the fact that this writ petition was pending.