Disposed

A.T.Ramachandran v. the Secretary to Government of India

Kerala HC8 Feb 2016WP(C)/4700/2016

Case brief

AI extract

What is this about?

In this writ petition, the petitioner challenged the non-consideration of his representation regarding pension fixation. The High Court of Kerala directed the Secretary, Ministry of Home Affairs, to consider and dispose of the representation within four months after affording an opportunity of hearing. The Court explicitly noted that it made no observation on the merits of the matter.

What did the court decide?

Direction to the first respondent to consider and dispose of the petitioner's representation (Ext.P7) within four months from the date of receipt of a certified copy of the judgment, after affording a

A.T.Ramachandran Vs the Secretary to… — 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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MONDAY, THE 8TH DAY OF FEBRUARY 2016/19TH MAGHA, 1937

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WP(C).No. 4700 of 2016 (J)

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PETITIONER:

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A.T.RAMACHANDRAN, AGED 67 YEARS EX 21C, BSFM, THOTTATHIL HOUSE CHETTIPPADI (P.O), MALAPPURAM DISTRICT.

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BY ADVS.SRI.M.RAJAGOPALAN NAIR SRI.G.BIJU

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RESPONDENTS:

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1. THE SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NORTH BLOCK CABINET SECRETARIAT, RAISINA HILL, NEW DELHI-110 001.

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2. THE DIRECTOR GENERAL, BORDER SECURITY FORCE, BLOCK NO.10, 5TH FLOOR CGO COMPLEX, LODHI ROAD, NEW DELHI-110 003.

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BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 4700 of 2016 (J)

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APPENDIX

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PETITIONER'S EXHIBITS :-

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EXT.P1	-	COPY OF THE THE RELEVANT PORTION OF THE CENTRAL CIVIL SERVICES (REVISED PAY) RULES,1987 SHOWING THE PAY SCALE OF COMMANDANT (NON-SELECTION GRADE) AND SECOND IN COMMAND.
EXT.P2	-	COPY OF THE PENSION FIXATION ORDER IN RESPECT OF ONE HARBANS SINGH, A SECOND IN COMMAND WHO RETIRED ON 31/05/2001 FIXING HIS PENSION ACCORDING TO HIS PAY IN PAY BANK IV (14,300-400-18,300).
EXT.P3	-	COPY OF THE PENSION FIXATION ORDER OF PETITIONER.
EXT.P4	-	COPY OF THE RECOMMENDATION OF VTH CENTRAL PAY COMMISSION ACCEPTED BY CENTRAL GOVERNMENT WITH ITS MODIFICATIONS.
EXT.P5	-	COPY OF THE DECISION TAKEN IN RESPECT OF SECOND IN COMMANDS IN B.S.F. AND COMMUNICATED AS PER LETTER DATED 17.12.2013.
EXT.P6	-	COPY OF THE REPLY RECIEVED BY THE CHAIRMAN OF ALL INDIA RETIRED B.S.F. OFFICERS ASSOCIATION.
EXT.P7	-	COPY OF THE REPRESENTATION DATED 30.07.2015 GIVEN TO THE FIRST RESPONDENT.

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RESPONDENTS' EXHIBITS:- NIL

//TRUE COPY//

P.A. TO JUDGE

K. VINOD CHANDRAN, J.

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---------------------------------W.P(C). No.4700 of 2016-J

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---------------------------------Dated this the 8^th day of February, 2016.

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JUDGMENT

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The petitioner is aggrieved with the nonconsideration of Ext.P7 representation pending before the first respondent. The prayer of the petitioner is to direct the first respondent to consider and dispose of Ext.P7 within a reasonable period.

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In such circumstances, there will be a direction to the first respondent to consider and dispose of Ext.P7 representation of the petitioner, as expeditiously as possible and after affording an opportunity of hearing to the petitioner, at any rate, within four months from the date of receipt of a certified

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W.P(C). No.4700 of 2016-J

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copy of this judgment. It is made clear that, this Court has not made any observation on merits, which the first respondent will consider in accordance with law.

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The writ petition is disposed of.

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Sd/-

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K. VINOD CHANDRAN, JUDGE.

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//True Copy//

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P.A. to Judge.

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sp/08/02/16

A.T.Ramachandran v. the Secretary to Government of India

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A.T.Ramachandran v. the Secretary to Government of India

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