Allowed

Thomas P.V v. the Union of India

Kerala HC7 Jan 2016WP(C)/33599/2015

Case brief

AI extract

What is this about?

Retired Radio Mechanics of Assam Rifles filed a writ petition seeking parity of designation and pay with similarly situated personnel in other Central Paramilitary Forces relying on Supreme Court precedent. The High Court allowed the petition, directing the respondents to grant the same benefits awarded in an earlier judgment within three months.

What did the court decide?

Petitioners are entitled to the same designation and pay parity as granted in W.P(C) No.23361/2013; orders to be passed within three months.

Thomas P.V Vs the Union of India — Pension and Retirement Benefits | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

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THURSDAY, THE 7TH DAY OF JANUARY 2016/17TH POUSHA, 1937

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WP(C).No. 33599 of 2015 (Y)

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PETITIONER(S):

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1. THOMAS P.V AGED 41 YEARS PALACHARIKUZHIYIL HOUSE MANANTHAVADY P.O. NEARL.F.U.P SCHOOL GATE WAYANAD DISTRICT - 670 645.

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SATHEESAN K

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THEKKETHALAKAL HOUSE THALAKALATHURA P.O.PUTHUKKATU KADAVU

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CALICUT DISTRICT - 673 317.

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SREEKUMARAN P.V.

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NAGERI HOUSE, OZHUR P.O. ERANELLOOR MALAPPURAM DISTRICT - 676 307

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SIVADASAN .T.V

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SIVADAM, THENNARAM VAKAYIL HOUSE CHETTIPADI P.OPARAPPANANGADI

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MALAPPURAM DISTRICT - 676 319.

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GIRIDHARAN C.S.

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CHATHAMKULATHIL HOUSE, THOZHUPPADOM P.OCHELAKKARA THRISSUR DISTRICT.

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CHANDRAN K

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KARIPPATH HOUSE, NEAR POLPAYIL TEMPLE, CHETTIPADI P.O. MALAPPURAM DISTRICT.

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UNNIKRISHNAN P.V.

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PUTHENVEETTIL HOUSE, CHETTIPADI P.O. OLD STREET PARAPPANANGADI, MALAPPURAM DISTRICT676 319

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SUDHAKARAN K KANHIRASSERI HOUSE, CHETTIPPADI P.O.PARAPPANANGADI MALAPPURAM DISTRICT676 319.

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BY ADVS.SRI.P.P.BIJU SRI.ANISH PAUL

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WP(C).No. 33599 of 2015 (Y)

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RESPONDENT(S):

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THE UNION OF INDIA

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REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OFINDIA MINISTRY OF HOME AFFAIRS, NORTH BLOCK NEW DELHI. PIN - 110 001.

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THE DIRECTOR GENERAL

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ASSAM RIFLES, MAHANIDESHALAYA (THE DIRECTORATE GENERAL OF ASSAM RIFLES)SHILLONG MEGHALAYA, PIN - 793 011.

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R1-R2 BY ADV. SMT.I. SHEELA DEVI, CGC R BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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The name of the petitioner 1 is corrected as “Thomas P.U” instead of “Thomas PV” as per order dated 29.08.2016 in I.A No.12012 of 2016 in the W.P(C)

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Sd/-

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Assistant Registrar

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WP(C).No. 33599 of 2015 (Y)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXT.P-1: TRUE COPY OF THE JUDGEMENT DATED 22.9.2011 IN WA NO.50(SH)/2010 OF GAUHATI HIGH COURT.

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EXT.P-2: TRUE COPY OF THE REPRESENTATION DATED 19.10.2015 SUBMITTED BY THE IST PETITIONER

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EXT.P-3: TRUE COPY OF THE REPRESENTATION DATED 19.10.2015 SUBMITTED BY THE 2ND PETITIONER

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EXT.P-4: TRUE COPY OF THE REPRESENTATION DATED 19.10.2015 SUBMITTED BY THE 3RD PETITIONER

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EXT.P-5: TRUE COPY OF THE REPRESENTATION DATED 19.10.2015 SUBMITTED BY THE 4TH PETITIONER

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EXT.P-6: TRUE COPY OF THE REPRESENTATION DATED 19.10.2015 SUBMITTED BY THE 5TH PETITIONER

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EXT.P-7: TRUE COPY OF THE REPRESENTATION DATED 19.10.2015 SUBMITTED BY THE 6TH PETITIONER

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EXT.P-8: TRUE COPY OF THE REPRESENTATION DATED 19.10.2015 SUBMITTED BY THE 7TH PETITIONER

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EXT.P-9: TRUE COPY OF THE REPRESENTATION DATED 19.10.2015 SUBMITTED BY THE 8TH PETITIONER

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EXT.P-10: TRUE COPY OF THE JUDGEMENT DATED 3.8.2015 IN WPC NO.22407/2015 OF THIS HON'BLE COURT.

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RESPONDENT(S)' EXHIBITS: NIL

TRUE COPY

P.A TO JUDGE

jma

K. VINOD CHANDRAN, J

W.P(C) No.33599 of 2015 Y

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Dated this the 07^th day of January, 2016

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The petitioners are all Radio Mechanics who are

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retired from the Assam Rifles and seek parity of designation and parity of pay with the similarly situated persons in the other Central Paramilitary Force. The petitioners rely on the decision of the Hon'ble Supreme Court reported in Union of India v. Dineshan K K (2008(1) SCC 586) and also a judgment of a learned Single Judge of this Court in W.P(C) No.23361/2013 dated 05.06.2015. Exts.P2 to P9 representations shall hence be

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considered and the petitioners shall be entitled to the very same benefits as has been granted in W.P(C) No.23361/2013, a copy of which shall be produced by the petitioners before the appropriate authority along with a certified copy of this judgment. Orders shall be passed within a period of three

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WPC.33599/2015

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: 2 :

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months from the date of receipt of a certified copy of this

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judgment and arrears disbursed within that period.

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Writ petition is disposed of. No costs.

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Sd/-

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(K. VINOD CHANDRAN, JUDGE)

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jma

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The words “Radio Mechanics” occurring in the first sentence of the judgment dated 07/01/2016 in W.P(C) No.33599/2015 are corrected and substituted as “operator Radio and Line”as per order dated 29/08/2016 in I.A No.12012/2016 in W.P(C) No.33599/2015.

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Registrar (Judicial)

Thomas P.V v. the Union of India

Case brief

What is this about?

What did the court decide?

Thomas P.V v. the Union of India

Case brief

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