Kerala High Court
All India Gref Ex Servicemen Welfare ... vs Union Of India on 1 August, 2023
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
WP(C) NO. 21156 OF 2023
PETITIONER:
ALL INDIA GREF EX SERVICEMEN WELFARE
ASSOCIATION, VISHAK HOUSE COMPLEX,
PUTHIYAKAVU, MAVELIKARA P.O.
ALAPPUZHA DISTRICT, KERALA - 690101
REPRESENTED BY ITS PRESIDENT
T J GOPAKUMAR, S/O. LATE G.JANARDHARANAN NAIR,
RESIDING AT VISHAK HOUSE, PUTHIYAKAVU,
MAVELIKARA P.O., ALAPPUZHA DISTRICT - 690101
BY ADVS.
U.BALAGANGADHARAN
R.PRADEEP KUMAR
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF PERSONNEL & TRAINING,
MINISTRY OF PERSONNEL, P G AND PENSIONS
NORTH BLOCK, NEW DELHI, PIN - 110001
2 THE SECRETARY
MINISTRY OF DEFENSE (BORDER ROADS)
GOVT OF INDIA, SOUTH BLOCK,
NEW DELHI, PIN - 110001
3 THE DIRECTOR GENERAL OF BORDER ROADS
SEEMA SADAK BHAWAN, RING ROAD NARAINA,
DELHI CANTT, NEW DELH, PIN - 110010
4 THE SECRETARY
DEPT OF EX SERVICEMEN WELFARE
GOVT OF INDIA, SOUTH BLOCK,
NEW DELHI, PIN - 110001
5 THE DIRECTOR GENERAL OF RESETTLEMENT
HQ DIRECTOR GENERAL OF RESETTLEMENT
WEST BLOCK - 4, R K PURAM
NEW DELHI, PIN - 110066
BY ADV.
SRI.PRENJITHKUMAR
W.P.(C).No. 21156 of 2023
:2:
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).No. 21156 of 2023
:3:
DEVAN RAMACHANDRAN, J.
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W.P.(C).No. 21156 of 2023
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Dated this the 1st day of August, 2023
JUDGMENT
The petitioner is stated to be a registered Association of retired members of the General Reserve Engineering Force (GREF), and they say that they are aggrieved because they are not being offered the status of ex-servicemen, thus being denied the benefits under the Ex-servicemen Contributory Health Scheme (ECHS). They added that they have already preferred Ext.P7 representation before the 1st respondent and seek that it be directed to be taken up and disposed of by its competent Authority, within a time frame to be fixed by this Court.
2. The afore request of Sri.Balagangadharan Unikkat - learned counsel for the petitioner, was answered by Sri.Prenjith Kumar - learned Central Government Standing Counsel, saying that, if the petitioner only requires Ext.P7 to be taken up and disposed of, there does not appear to be any legal impediment for the 1st respondent in doing so; but prayed that this Court may not make any affirmative declarations in his favour and leave it to the said respondent to take an appropriate decision, as per law. He added that the question whether persons like the members of the W.P.(C).No. 21156 of 2023 :4: petitioner association can be granted the benefit of ex-servicemen is a matter of policy and, therefore, that sufficient liberty may be reserved to the 1st respondent to take an apposite decision in terms of all applicable Rules, Regulations and Circulars.
3. When I consider and evaluate the afore submissions, it is without doubt that a decision on the claim of the petitioner can never be taken by this Court at the first instance, while acting under Article 226 of the Constitution of India, since it requires evaluation of various inputs - both factual and documentary. I am, therefore, of the firm view that Ext.P7 must be ordered to be decided by the competent Authority of the 1st respondent.
Resultantly, this writ petition is ordered, directing the competent Authority of the 1st respondent to take up Ext.P7 representation of the petitioner and dispose it of, after affording an opportunity of being heard online to its President, whose name is mentioned in the cause title; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than three months from the date of receipt of a copy of this judgment.
Sd/-
DEVAN RAMACHANDRAN JUDGE anm W.P.(C).No. 21156 of 2023 :5: APPENDIX OF WP(C) 21156/2023 PETITIONER EXHIBITS Exhibit P 1 A TRUE COPY OF THE LETTER ISSUED BY THE DEPUTY SECRETARY TO THE GOVERNMENT TO THE DIRECTOR GENERAL BORDER ROADS DATED 14.08.1985 Exhibit P 2 A TRUE COPY OF THE COMMUNICATION DATED 27.11.2020 OF 5TH RESPONDENT Exhibit P 3 A TRUE COPY OF THE NOTIFICATION DATED 15.12.1979 ISSUED BY THE DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS Exhibit P 4 A TRUE COPY OF OFFICE MEMORANDUM DATED 14.04.1982 Exhibit P 5 A TRUE COPY OF THE OFFICE MEMORANDUM DATED 21.07.2011 Exhibit P 6 A TRUE COPY OF THE LETTER NO. B/49701- PR/AG/ECHS/2019 DATED 11.03.2019 Exhibit P 7 A TRUE COPY OF THE MEMORIAL DATED 19.01.2021 RESPONDENTS' EXHIBITS : NIL.