Kerala High Court
The Kerala Ex-Gref Welfare Association vs Union Of India
Author: P.R. Ramachandra Menon
Bench: P.R.Ramachandra Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
MONDAY, THE 17TH DAY OF DECEMBER 2012/26TH AGRAHAYANA 1934
WP(C).No. 24969 of 2011 (U)
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PETITIONER(S):
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THE KERALA EX-GREF WELFARE ASSOCIATION,
REG.NO.Q430/987, REPRESENTED BY ITS SECRETARY,
R.SADASIVAN, RESIDING AT KOLLATHERI VADAKKATHIL HOUSE,
PUTHIYAVILA, PATTOLI MARKET P.O.,
ALAPPUZHA.
BY ADVS.SRI.R.RAJASEKHARAN PILLAI
SRI.R.SREEDHARAN NAIR
SMT.SABINA JAYAN
RESPONDENT(S):
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1. UNION OF INDIA,
REPRESENTED BY THE SECRETARY TO GOVT. OF INDIA,
MINISTRY OF DEFENCE,
NEW DELHI - 110011.
2. THE DIRECTOR (JCA),
MINISTRY OF PERSONNEL PG AND PENSIONS,
DEPT.OF PERSONNEL AND TRAINING,
NEW DELHI - 110011.
3. THE CHIEF OF ARMY STAFF, SENA BHAVAN,
NEW DELHI - 110011.
4. THE DIRECTOR, INTEGRATED HEADQUARTERS
OF MINISTRY OF DEFENCE ADJUTANT GENERAL BRANCH,
ADDITIONAL DIRECTOR GENERAL PERSONNEL SERVICE
NEW DELHI - 110011.
5. THE DIRECTOR GENERAL BORDER ROADS,
SEEMA SADAK BHAWAN, RING ROAD, DELHI CANTT,
NEW DELHI - 110010.
6. THE SECRETARY, BRDB, MINISTRY OF ROAD
TRANSPORT AND HIGHWAYS, 'B' WING, 4TH FLOOR,
SENA BHAWAAN, NEW DELHI - 110011.
7. THE JOINT SECRETARY,
DEPARTMENT OF EXSERVICEMAN WELFARE,
SOUTH BLOCK, NEW DELHI - 110011.
BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA
BY GOVERNMENT PLEADER ADV. SRI. T.R. RAJESH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17-12-2012,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
NS
WP(C).No. 24969 of 2011 (U)
APPENDIX
PETITIONER(S) EXHIBITS :
EXT-P1 : COPY OF THE JUDGEMENT DATED 8.12.2009 IN WPC NO.36852/04 OF THIS
HON'BLE COURT.
EXT-P2 : COPY OF THE COMMUNICATION DATED 19.5.2011 FROM THE 1ST
RESPONDENT TO THE PETITIONER.
EXT-P3 : COPY OF THE LR.NO.60950/MISC/DGBR/136/GC DATED 11.4.2011 FROM THE
DIRECTOR GENERAL BORDER ROADS TO THE PETITIONER.
EXT-P4 : COPY OF THE LETTER OF THE 5TH RESPONDENT.
EXT-P5 : COPY OF THE LETTER DATED 19.9.2006 FROM THE 5TH RESPONDENT.
EXT-P6 : COPY OF THE OFFICE MEMORANDUM DATED 23.11.2007 OF THE
RAJYASABHA.
EXT-P7 : COPY OF THE LETTER DATED 5.7.2010 FROM THE 5TH RESPONDENT TO THE
GREF CENTRE DIGHI CAMP, PUNE.
EXT-P8 : COPY OF THE RECOMMENDATIONS OF THE PAY COMMISSION.
EXT-P9 : COPY OF THE JUDGMENT 28.05.2012 IN W.A.NO.245/2007 OF HIGH COURT OF
KARNATAKA AT BANGALORE.
EXT.P10 : COPY OF THE OFFICE MEMORANDUM DATED 23.11.2012 OF THE 1ST
RESPONDENT.
RESPONDENTS' EXHIBITS :
EXT.R5(a) : COPY OF THE LETTER NO.BRDB/03/199/2009-GE-1 DATED 08.09.2009.
EXT.R5(b) : COPY OF THE LETTER NO.5(5)/88-SSC DATED 20.05.1998.
EXT.R5(C) : COPY OF THE LETTER NO.BRDB/14/256/2010-GE-1 DATED 20.10.2011.
/ TRUE COPY /
NS P.A. TO JUDGE
P.R. RAMACHANDRA MENON J.
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W.P.(C) No. 24969 of 2011
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Dated, this the 17th day of December, 2012
JUDGMENT
The petitioner has approached this Court with the following prayers :
I. To issue a writ of certiorari or other appropriate writ order or direction quashing Ext. P2 as arbitrary, illegal and it runs contra to the decision of the Constitution Bench reported in R. Viswam Vs. Union of India (1983) 3 SCC 401. II. To issue a writ of certiorari or other appropriate writ order or direction calling for the records leading to and culminating in the observation about the GREF contained in Ext. P6 and quash the same to that extent as unconstitutional, illegal or incorrect and opposed to the mandate of the verdict of the Constitution Bench and the Division Bench decisions of this Hon'ble Court. III. Issue a writ of mandamus or any appropriate writ order or direction directing the respondent to grant Ex-servicemen status and all rehabilitation schemes, save the civil re- employment, as are extended to Ex-Solidier and all other attendant benefits to Ex-GREF personnel. W.P.(C) No. 24969 of 2011 : 2 : IV Issue such other writ order or direction as this Hon'ble Court may deem fit and proper to meet the ends of justice.
And V. Award costs.
2. The relief sought for was sought to be opposed from the part of the respondents by filing a detailed counter affidavit. However during the pendency of the proceedings, it is brought to the notice of this Court that the issue which is pending consideration before the Karnataka High Court in W.A. 245 of 2007 came to be decided, virtually in support of the claim mooted by the petitioner herein, as per the judgment dated 28.05.2012, a copy of which has been produced as Ext. P9. It is brought to the notice of this Court that the first respondent has also issued Official Memorandum dated 23.11.2012, a copy of which has been produced as Ext. P10. The learned counsel for the petitioner submits that the only relief sought for is to cause the issue to be considered in the light of Exts. P9 and P10 and to have the same finalized within a reasonable time.
W.P.(C) No. 24969 of 2011 : 3 :
3. Heard the learned Central Government Counsel appearing for the respondents.
4. In view of the facts and circumstances, there is no necessity to go into the merits of the case. The Writ Petition is disposed of directing the second respondent to consider the subject matter involved in this case, in the light of Exts. P9 and P10 and pass appropriate orders, after giving an opportunity of hearing to the representative of the petitioner's association, in accordance with law, at the earliest, at any rate, within six months from the date of receipt of a copy of this judgment.
sd/-
P. R. RAMACHANDRA MENON, (JUDGE) kmd