JOHN VARGIS (RETIRED SUBEDAR) v. MINISTRY OF DEFENCE
WP/5250/2025 · 2025-11-27
Ashok S Kinagi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 88391 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 88391 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:49417 WP No. 5250 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 5250 OF 2025 (S-RES) BETWEEN:
JOHN VARGIS (RETIRED SUBEDAR) AGED ABOUT 73 YEARS, C/O OURSEPH VARGHESE VALTHAJE HOUSE, NETTANA POST, BILINELE VILLAGE KADABA TALUK, DAKSHINA KANNADA KARNATAKA- 574230
…PETITIONER (BY SRI. NAZEEFA M MULLA, ADV.) AND:
1.
MINISTRY OF DEFENCE GOVERNMENT OF INDIA REP BY SECRETARY NEW DELHI- 110011
2.
THE CHIEF OF THE ARMY STAFF ARMY HEADQUARTERS SOUTH BLOCK
Digitally signed by SHILPABAI S Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:49417 WP No. 5250 of 2025
NEW DELHI-110011
3.
PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS (PENSIONS) ALLAHABAD -211001 REP BY THE ACCOUNTS OFFICER (PENSION)
4.
THE CHIEF CONTROLLER OF DEFENCE ACCOUNTS (PENSIONS) GRANTS AND RE-ASSSESSMENT SECTION ALLAHABAD -211001
…RESPONDENTS (BY SRI. MADHUKAR M DESHPANDE, ADV. FOR R1 TO R4)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 277 OF THE INDIAN CONSTITUTION, 1950 PRAYING TO ISSUE A WRIT OF MANDAMUS TO THE RESPONDENTS DT. 26.11.2024 TO CONSIDER HIS REPRESENTATIONS TO RE-ASSESS HIM MEDICALLY AT THE NEAREST DESIGNATED HOSPITAL AND TO RESTORE HIS DISABILITY PENSION AS IT WOULD HAVE CONTINUED IF IT WERE NOT DISCONTINUED ANNX-M.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:49417 WP No. 5250 of 2025
CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI
ORAL ORDER The petitioner has filed this writ petition seeking for mandamus directing the respondents to consider the representation dated 26.11.2024 to re-assess him medically at the nearest designated hospital and to restore his disability pension as it would have continued if it were not discontinued vide Annexure-M.
2.
Learned counsel for the respondents submits that the similar representation was considered and already issued an endorsement dated 25.01.2003 vide Annexure- R2. As the respondents have already considered the similar representation, the petitioner has not challenged the endorsement issued by the respondents vide Annexure-R2.
3. In view of the same, nothing survives for
consideration in this writ petition.
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HC-KAR NC: 2025:KHC:49417 WP No. 5250 of 2025
4. Accordingly, the writ petition is dismissed as having rendered infructuous.
5. The pending applications, if any, stand disposed off accordingly.
Sd/- (ASHOK S.KINAGI) JUDGE
SSB