HILDA JOICE Vs. THE COMMANDANT HEADQUARTERS MADRAS ENGINEERINGGROUP & TRAINING CENTRE, BANGALORE AND THE CHIEF RECORD OFFICER, HEAD QUARTERS MADRAS ENGINEERING GROUP AND TRAINING CENTRE, BANGALORE

JUDGEMENT

(1.) The writ petition is filed for issue of writ of mandamus directing the respondents to consider the petitioner's son A. Benjamin Johnson for enlisting in the army in the place of his father Abraham (Army NO.1324934) without insisting on the discharge certificate of Abraham.

(2.) The petitioner's husband Abraham was serving under the Commandant, Madras Engineering Group and Training Centre, Bangalore and he retired from service in the year 1977. After retirement, he deserted the petitioner and her children. The petitioner's son Benjamin Johnson wanted to join the army for which a discharge certificate of his father was required. Since the petitioner's husband has refused to give the discharge certificate, the petitioner approached the Assistant Record Officer for getting the certificate. In the records the petitioner's name was given as Jayakumari . In fact the petitioner's name is Hilda Joice alias Jayakumari. Therefore, merely because the name Jayakumari finds place in the records, it cannot be said it does not refer to this writ petitioner. It is further stated that the petitioner's father Y. Yesudas served as Havildar in Queen Victoria Sapper and Minors Troops and he also participated in the second world war. The marriage invitation of the petitioner also shows that the petitioner's alias name was Hilda Joice alias Jayakumari. The other certificates also show that the petitioner is the daughter of Y. Jesudoss. Therefore, the prayer in the writ petition is to direct the respondents to consider the petitioner's son Benjamin Johnson for enrolment in the Army in the place of his father without insisting upon the Discharge Certificate .

(3.) In the counter filed by the respondents, it is stated that the father Abraham was discharged from service with effect from 1st July 1977 due to permanent disability and he was given Disability Pension. While in service he married KM Jayakumari daughter of Yesudas. The said Abraham after his marriage nominated his wife Jayakumari and he never reported about the birth of his children in the respondents office. The petitioner claiming herself to be the wife of the said Abraham, Ex -serviceman had represented to the respondent's office during 1993. The respondent Office asked the said Ex -serviceman to give reply on the points brought out by Hilda Joice alias Jayakumari. But he did not respond. Subsequently Hilda Joice alias Jayakumari never asked the respondent's office about the present position of the her case. Moreover, she never approached the Headquarters for enrolment of her son Benjamin Johnson claiming that Ex.Spr Anthony Abraham, who had served in the respondent's office was her husband. The above fact was confirmed by Head Quarters Madras Engineer Group and Centre. The production of discharge certificate of an Ex -serviceman is not mandatory for enrolment in the Army through open recruitment. However, the production of discharge certificate is mandatory for candidates seeking enrolment against Unit Headquarters Quota of the same Regiment, in which the petitioner's husband had served, to avail the concessions available for sons of Ex -servicemen.