Kerala High Court
Gopalakrishna Kolleri vs Union Of India on 11 October, 2019
Author: P.V.Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 11TH DAY OF OCTOBER 2019 / 19TH ASWINA, 1941
WP(C).No.21550 OF 2019(P)
PETITIONER:
GOPALAKRISHNA KOLLERI,
AGED 50 YEARS,
(HAV/CIPHER NO.355926),
SON OF THE LATE N.P.RAMA PODUVAL,
HAVILDAR/CIPHER (RETIRED), ASSAM RIFLES, MEGHALAYA,
RESIDING AT NANDANAAM, VALAMBOOR P.O.,
MALAPPURAM-679325.
BY ADVS.
SMT.REKHA VASUDEVAN
SMT.V.DEEPA
RESPONDENTS:
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, NONGRIMMAV,
LAITUMKHRAH, RYNJAH VIA GORALINE, SHILLONG,
MEGHALAYA-793011.
3 THE BRIGADIER, (PERSONNEL) 27 ASSAM RIFLES,
DIRECTORATE GENERAL OF ASSAM RIFLES, NONGRIMMAV,
LAITUMKHRAH, RYNJAH VIA GORALINE, SHILLONG,
MEGHALAYA-793011.
4 THE ACCOUNTS OFFICER,
CENTRAL PAY BILL OFFICE, ASSAM RIFLES, NONGRIMMAV,
LAITUMKHRAH, RYNJAH VIA GORALINE, SHILLONG,
MEGHALAYA-793011.
BY ADV. SRI.N.S.DAYA SINDHU SHREE HARI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.21550 OF 2019
2
JUDGMENT
The petitioner, who was working in the Assam Rifles as Havildar, retired from service on 01.09.2017, on voluntary discharge. His grievance is that the Financial Upgradation granted to him is not revised.
2. It is stated that he got enrolled in Assam Rifles on 15.09.1986 and was remustered as Havildar on 17.02.1992. Though he was granted 1st Financial Upgradation under the ACP scheme on 22.12.2007 as per order dated 19.10.2009 and 3rd Financial Upgradation as per order dated 12.02.2017 under MACP scheme, it is stated that the said orders were modified by order dated 12.07.2017 treating the 1st Financial Upgradtaion as 2nd ACP.
3. Petitioner points out that in the light of a series of judgments including the judgment in Union of India v. Sentimon Mathew [W.P.(C) No.32624/2008] and the judgment in W.P.(C) No.7535/2019, he is entitled to get Financial Upgradation under the ACP scheme with effect from 17.02.2004 on completion of 12 years of WP(C).No.21550 OF 2019 3 service from the date of remusteration and 2nd Financial Upgradation under MACP scheme on completion of 20 years of service. Pointing out these aspects, petitioner has submitted Ext.P3 representation before the 2nd respondent.
Therefore the writ petition is disposed of directing the 2nd respondent to consider and pass orders on Ext.P5 representation, produced along with I.A.No.1/2019 and grant him consequential benefits, subject to the decision, within a period of three months from the date of receipt of a copy of this judgment.
Sd/-
P.V.ASHA JUDGE ww WP(C).No.21550 OF 2019 4 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER 1.19012/04/2009/ ADM-I DATED 19.10.2009 ISSUED BY THE CONTROLLING OFFICER UNDER THE 2ND RESPONDENT TO THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE ORDER I.19012/MACPS/SIGS PERS/ADM-/2016/1960 DATED 04.11.2016 ISSUED BY THE COMMANDING OFFICER UNDER THE 2ND RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE CORRINGENDUM NO.I.19012/ MACPS/SIG/ADM-I/2016/2199 DATED 12.07.2017 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 19.06.2019 IN W.P.(C) NO.7535 OF 2019 OF THIS HONOURABLE COURT.
EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION DATED 15.8.2019 BY THE PETITIONER TO THE 2ND RESPONDENT.