A writ petition filed by M.Sanjay for commencement of the SD (AE) 'Q' course and granting of commission. The court found the impugned order had been implemented and the petitioner would be sent for training on 07.11.2011 subject to medical fitness.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON
MONDAY, THE 31ST OCTOBER 2011 / 9TH KARTHIKA 1933
WP(C).No. 22097 of 2011(J)
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PETITIONER:
M.SANJAY ACTING CHAM NO.177212'F',
NAVAL AIRCRAFT YARD KOCHI/AEROS, NAVAL BASE,KOCHI-682 004. PRESENTLY RESIDING AT V-205,VARUNA APARTMENTS,SENIOR SAILORS ENCLAVE, ERNAKULAM,KERALA-682020.
BY ADV. SRI.V.K.SATHYANATHAN
RESPONDENTS:
HEAD QUARTERS SOUTHERN NAVAL COMMAND, KOCHI-682 004.
BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 22097 of 2011(J)
APPENDIX
PETITIONER'S EXHIBITS
EXT.P1 : TRUE COPY OF THE ORDER DATED 25.03.2011 IN O.A.NO. 64/2010 BY THE HON'BLE ARMED FORCES TRIBUNAL REGIONAL BENCH, KOCHI.
/true copy/
P.S. To Judge.
P.R. RAMACHANDRA MENON, J.
W.P.(C) No. 22097 OF 2011
Dated this the 31st October, 2011
J U D G M E N T
The petitioner has approached this Court with the following
prayers:
“ i) to issue an order or direction calling for records leading to Exhibit P1
ii) to issue a writ of mandamus or any other writ or order or directions directing the respondents to comply with the direction issued by the Armed Forces Tribunal vide Exhibit P1 and detail the petitioner for the SD (AE) 'Q' Course and to start it immediately so as to grant commission to the petitioner before 11.11.2011. ”
] 2. Heard the learned Counsel for the petitioner as well as
the learned Asst. Solicitor General appearing on behalf of the respondents.
27.10.2011, the following interim order was passed:
W.P.(C) No. 22097 OF 2011
2
“The learned Standing Counsel for the respondents submits that instructions have been received over telephone that steps are being taken pursuant to the order passed in this regard so as to send the petitioner for training on 07.11.2011. The learned Standing Counsel seeks further short time to get confirmation on this aspect. Post on 31.10.2011. ”
Asst. Solicitor General submits that Ext.P1 order has been implemented and that the petitioner will be sent for training on 07.11.2011, subject to medical fitness. A true copy of the proceedings bearing NO.RP/4108/MS dated 24th August 2011 issued from the office of the Integrated Headquarters of Ministry of Defence (Navy) is also produced, for perusal of this Court.
In the above circumstance, no further orders are called for. The submission of the learned Asst. Solicitor General is recorded and the writ petition is disposed of.
P.R. RAMACHANDRA MENON, JUDGE.
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2 issues framed by the court
Whether to call for records leading to the order in O.A. No. 64/2010 A.F.T. Kochi.
Whether to direct respondents to comply with the A.F.T. order and start the SD (AE) 'Q' course immediately.
1 provisions across 1 enactments
M.SANJAY
UNION OF INDIA
THE CHIEF OF NAVAL STAFF
THE FLAG OFFICER COMMANDING-IN-CHIEF WESTERN NAVAL COMMAND
THE FLAG OFFICER COMMANDING-IN-CHIEF SOUTHERN NAVAL COMMAND
THE DIRECTOR NAVAL INSTITUTE OF AERONAUTICAL TECHNOLOGY
P.R. RAMACHANDRA MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
