Kerala High Court
Balakrishnan Pillai vs Union Of India on 15 March, 2019
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY ,THE 15TH DAY OF MARCH 2019 / 24TH PHALGUNA, 1940
WP(C).No. 19300 of 2018
PETITIONER/S:
1 BALAKRISHNAN PILLAI
(HAV/CIPHER NO.352861), SON OF THE NARAYANA
PILLAI,AGED 54 YEARS, HAVILDAR/CIPHER (RETIRED),ASSAM
RIFLES, MEGHALAYA, RESIDING AT MALAYILPUTHENVEEDU,
PANAMPATTA, AVANEESWARAM P.O., KOLLAM DISTRICT,
KERALA, 691508
2 JAYAMOHANAN NAIR K
(HAV/CIPHER NO.354010W), SON OF THE LATE S. KRISHNAN
NAIR,AGED 53 YEARS, HAVILDAR/CIPHER (RETIRED),ASSAM
RIFLES, MEGHALAYA, RESIDING AT LAKSHMI MANGALATHVEED,
EDACODE, NEMOM P.O, THIRUVANANTHAPURAM - 20
3 SHANMUGHAM S
(HAV/CIPHER NO.354456L), SON OF THE LATE R SUBBIYAH,
AGED 55 YEARS, HAVILDAR/CIPHER (RETIRED),ASSAM
RIFLES, MEGHALAYA, RESIDING AT TC18/1670, NISHA
NIVAS, ANOOR,
THIRUMALA P.O,THIRUVANANTHAPURAM- 06.
BY ADV. SMT.REKHA VASUDEVAN
RESPONDENT/S:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF
INDIA, MINISTRY OF HOME AFFAIRS, NORTH BLOCK,
'NEW DELHI 110001
2 THE DIRECTOR GENERAL
ASSAM RIFLES, THE DIRECTORATE GENERAL OF ASSAM
RIFLES,SHILLOING, MEGHALAYA 793011
3 THE ACCOUNTS OFFICER
CENTRAL PAY BILL OFFICE, ASSAM RIFLES, SHILLONG,
MEGHALAYA 793011
BY ADV. SMT.O.M.SHALINA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
15.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 19300 of 2018 2
JUDGMENT
This writ petition is filed seeking the following prayers:
I. Declare that the petitioners are entitled to be extended the benefits of the judgments at Exhibits P1 to P7 and P12 herein and are thereby entitled to get the financial upgradations on completion of 12 years of service from the date of their remusteration as Havildhar/Cipher, under the ACP Scheme.
ii. Direct the respondents 2 and 3 to grant the petitioners herein the first financial upgradation under the ACP Scheme from 21.10.2000 and March 2004 respectively, the date on which they completed twelve years of service from the date on which they were remustered as Havildhar/Cipher and to draw and disburse the arrears of pay and pension to the petitioners, by the issuance of writ of mandamus or other appropriate writ, order or direction.
iii. Direct the respondents to revise the pension and pensionary benefits of the petitioners in tune with the revision of pay on grant of financial upgradation and to disburse the arrears thereof, by the issuance of writ of mandamus or other appropriate writ, order or direction.
2. It is submitted that going by Ext.P12 judgment, the petitioners who are identically placed candidates are also entitled to the benefits of the financial upgradation in terms of the ACP scheme .
WP(C).No. 19300 of 2018 3
3. A detailed counter affidavit has been placed on record by respondents 1 to 3. It is contended that the petitioners are entitled to only ACP benefits, since they had retired from service before the date of effect of MACP.
In the above view of the matter, and on consideration of Ext.P12 judgment, there will be a direction to the respondents to extend the benefit of the 1 st ACP to the petitioners as well. Since the petitioners have retired from service before the date of effect of the MACP, the petitioners will be entitled to the benefit of 1 st ACP. The financial benefits shall also be calculated and disbursed accordingly. It is stated that in the instant case there is no recovery is effected as against the petitioners.
In the above view of the matter, it is declared that the petitioners are entitled to the benefit of 1 st ACP scheme. Financial benefits due to the petitioners shall be calculated and disbursed within a period of three months from the date of receipt of a copy of this judgment.
The writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE rmm WP(C).No. 19300 of 2018 4 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE FINAL ORDER DATED 25/6/2007 IN O.A.NO. 596/2005 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 4/12/2008 OF THIS HONOURABLE COURT IN WPC NO. 32624 OF 2008 EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 10/4/2013 OF THE HONOURABLE HIGH COURT OF MEGHALAYA AT SHILLONG IN WPC NO. (SH)256/2012 EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 18/11/2014 IN W.A.NO.30 OF 2013 OF THE HONOURABLE HIGH COURT OF MEGHALAYA AT SHILLONG.
EXHIBIT P5 TRUE COPY OF THE ORDER DATED 15/12/2014 NC(WA) NO. 105 OF 2014 IN W.A.NO. 30 OF 2013 OF HONOURABLE HIGH COURT OF MEGHALAYA AT SHILLONG.
EXHIBIT P6 TRUE COPY OF THE ORDER DATED 4/9/2015 IN SLP (C) NOS. 13534-13535/2015 OF THE HONOURABLE SUPREME COURT.
EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 20/11/2014 IN WPC NO. 61 OF 2013, OF THE HONOURBLE HIGH COURT OF MEGHALAYA AT SHILLONG.
EXHIBIT P8 TRUE COPY OF THE LETTER NO. A/12011/1/2017 CF-3390063/PF-V1) DATED 4/7/2017 ISSUED BY THE 1ST RESPONDENT EXHIBIT P9 TRUE COPY OF THE ORDER YOGINDRAPPA/UAPAO-
LEGAL/668/2017/1259) DATED 13TH JULY 2017 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P10 TRUE COPY OF THE ORDER NO.
(YOGINDARAPPA/COURT CASE(ACP)/2016/ADM- I(SIG)/2207) DATED 21/7/2017 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P11 TRUE COPY OF THE ORDER NO.(YOGINDRAPPA/COURT CASE(MACP) 2016/ADMI(SIG) 2208)DATED 21.07.2017 ISSUED BY THE 2ND RESPONDENT. WP(C).No. 19300 of 2018 5 EXHIBIT P12 TRUE COPY OF THE JUDGMENT DATED 6/10/2017 IN WPC NO. 14597 OF 2016 OF THIS HONOURABLE COURT.
RESPONDENTS EXHIBITS EXHIBIT R1 (a): TRUE COPY OF THE HEAD QUARTERS DIRECTORATE GENERAL OF ASSAM RIFLES (A BRANCH) LETTER NO.A/PERS/11-01/ACP/MACP/2011/2012 DATED 28 NOVEMBER 2011 EXHIBIT R1 (b): TRUE COPY OF THE LETTER NO. PAO /AR/NPS-PAY BILL/MISC/2012-13/178 DATED 21.01.2013 EXHIBIT R1(c):- TRUE COPY OF THE LETTER NO.35034/1/97-ESTT(D) DATED 09 AUGUST 1999.
EXHIBIT R1 (d): TRUE COPY OF THE DOPT LETTER NO.35034/1/97-ESTT (D) (VOL.IV) DATED 10 FEBRUARY 2000. EXHIBIT R1(e):- TRUE COPY OF THE DOPT LETTER NO.35034/3/2008
-ESTT (D) DATED 19 MAY 2009 EXHIBIT R1 (f):- TRUE COPY OF THE MINISTRY OF HOME AFFAIRS VIDE THEIR ID.U.O. NO.A/12011/1/2017/CF-3390063/PF- VI DATED 04 JULY 2017.
// TRUE COPY // P.A. TO JUDGE