Kerala High Court
Rajan K.T vs Union Of India on 30 July, 2021
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943
WP(C) NO. 15187 OF 2021
PETITIONER:
RAJAN K.T.
AGED 69 YEARS
(S/352364A), SON OF THE LATE THANKAPPAN.K,
HAVILDAR/CIPHER RETIRED), ASSAM RIFLES, MEGHALAYA,
RESIDING AT MANIMANDIRAM, PUNNAPARA, ALAPPUZHA-688004.
BY ADVS.
REKHA VASUDEVAN
ELIZABETH V.JOSEPH
MAHESH C.R.
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 ACCOUNTS OFFICER,
CENTRAL PAY BILL OFFICE, ASSAM RIFLES,
NONGRIMMAV, LAITUMKHRAH, RYNJAH VIA GORALINE,
SHILLONG, MEGHALAYA-793011.
SRI.P.VIJAYAKUMAR, ASGI
SRI.DAYA SINDHU SHREEHARI, CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 15187 OF 2021
2
JUDGMENT
This writ petition is filed seeking the following prayers:
"(i) Declare that the petitioner herein is entitled to be extended the benefit as stipulated in Exhibit P2 and P3 judgments and is thereby entitled to get the financial upgradations on completion of 12 years of service from the date of his remusteration as Havildhar/Cipher, under the ACP Scheme.
(ii) Direct the respondents 2 and 3 to grant the petitioner herein the first financial ungradation under the ACP Scheme from 09.08.1999 onwards, on completion of twelve years of service from the date on which he was remustered as Havildhar/Cipher, 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 petitioner in tune with the revision of pay on grant of financial ungradation and to disburse the arrears thereof, by the issuance of writ of mandamus or other appropriate writ, order or direction.
(iv) Alternatively, direct the 2 nd respondent herein to consider and pass orders on Exhibit P4 representation submitted by the petitioner within a short timeframe."
2. Heard the learned counsel for the petitioner and the learned Central Government Counsel appearing for the respondents.
3. It is submitted by the learned counsel for the petitioner that the petitioner has approached the 2nd respondent with Ext.P4 representation seeking the grant of financial upgradation on completion of 12 years of WP(C) NO. 15187 OF 2021 3 service in accordance with the Assured Career Progression Scheme. It is submitted that the petitioner was entitled to the benefits in terms of the scheme.
4. Having heard the learned Central Government Counsel also, there will be a direction to the 2 nd respondent to take up, consider and pass orders on Ext.P4 representation preferred by the petitioner within a period of two months from the date of receipt of a copy of this judgment and to grant him the benefits that are found entitled to without further delay.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE NP WP(C) NO. 15187 OF 2021 4 APPENDIX OF WP(C) 15187/2021 PETITIONER'S/S EXHIBITS:
Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF THE PENSION PAYMENT ORDER NO.234980011974 DATED 07.2000 OF THE PETITIONER Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 19.06.2019 IN W.P.(C).NO.7535 OF 2019 OF THIS HONOURABLE COURT.
Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 10.01.2020 IN W.P.(C).NO.26373 OF 2019 OF THIS HONOURABLE COURT.
Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 17.02.2020 SUBMITTED BY PETITIONER TO 2ND RESPONDENT RESPONDENT'S/S EXHIBITS: NIL