Disposed

K.D.Joseph v. Union of India

Kerala HC7 Mar 2018WP(C)/7570/2018

Case brief

AI extract

What is this about?

Petitioner, a retired CISF Head Constable, challenged the revised pension calculation claiming entitlement based on the 6th CPC. The court directed the third respondent to consider the petitioner's representation and pass orders within three months, disposing of the writ petition accordingly.

What did the court decide?

Direction to the third respondent to consider the petitioner's representation and pass orders within three months.

K.D.Joseph Vs Union of India — Pension and Retirement Benefits | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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WEDNESDAY, THE 7TH DAY OF MARCH 2018 / 16TH PHALGUNA, 1939

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WP(C).No. 7570 of 2018

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PETITIONER

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K.D. JOSEPH,

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HEAD CONSTABLE , CISF (RETD), FORCE NO.714490397, KADAVIL HOUSE, THATHAMPALLY P.O , ALAPPUZHA, KERALA-688 013.

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BY ADV.SRI.P.J.JOSEPH.

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RESPONDENTS:

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1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI.

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2. DIRECTOR GENERAL CENTRAL INDUSTRIAL SECURITY FORCE, BLOCK NO.13, CGO COMPLEX, LODHI ROAD P.O, NEW DELHI-110 003.

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3. PAY AND ACCOUNTS OFFICE, CISF, MINISTRY OF HOME AFFAIRS, 5TH FLOOR, E-BLOCK, GPO COMPLEX, INA, NEW DELHI- 110 023.

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4. THE PAY AND ACCOUNTING OFFICER, CENTRAL PENSION ACCOUNTING OFFICE, GOVERNMENT OF INDIA, TRIKOOT-2, BHIKAJI CAMA PLACE, NEW DELHI- 110 066.

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BY ADV. SRI.N.NAGARESH, ASSIST. S.G. OF INDIA.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rs. 08/03/2018.

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WP(C).No. 7570 of 2018 (U)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE PPO NO.236089300717 DATED 06/01/1994. EXHIBIT P2 TRUE COPY OF THE EXTRACT OF THE FITMENT TABLES ANNEXED TO THE MINISTRY OF FINANCE , DEPARTMENT OF EXPENDITURE OM F.NO.1/1/2008-IC DATED 30/08/2008. EXHIBIT P3 TRUE COPY OF THE REVISION ARREARS CALCULATION ISSUED BY SBI ADB BANK ALAPPUZHA. EXHIBIT P4 TRUE COPY OF THE O.M.NO.38/37/08-P&PW(A) DATED 06/04/2016. EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 13/09/2017 WITH POSTAL RECEIPT FILED BY THE PETITIONER. RESPONDENT'S EXHIBITS: NIL.

//TRUE COPY//

P.S. TO JUDGE

rs. 08/03/2018.

P.V.ASHA J.

-----------------------------------W.P.(C).No.7570 of 2018

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------------------------------------- Dated this the 7^th day of March, 2018

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J U D G M E N T

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Petitioner, who retired from the Central

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Industrial Security Force (CISF) while working as Head Constable on 30.09.1993, has filed this writ petition, claiming 50% of the pay as his pension, in tune with the 6^th Central Pay Commission recommendations, in Ext.P4 order issued by the Government of India on 06.04.2016. Petitioner submits that his pension has been revised with effect from 01.01.2006 at Rs.3500/per month but he claims that the scale of pay of Head Constable have been revised to Rs.5200-20200 with grade pay of Rs.2400/- and total pay would come to Rs.9840/- based on which, he is eligible to get revised pension at the rate of Rs.4920/- per month.

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W.P.(C).No.7570 of 2018

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Pointing out this, petitioner has submitted Ext.P5 representation before the 3^rd respondent.

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Learned counsel appearing for the petitioner

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submits that the petitioner would be satisfied with a direction to the 3^rd respondent to consider Ext.P5 representation.

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Learned ASGI points out that Ext.P2 is not

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the order which is applicable to the petitioner.

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At any rate, there shall be a direction to the 3^rd

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respondent to consider and pass orders on Ext.P5 representation, in accordance with law, within a period of 'three months' from the date of receipt of a copy of the judgment.

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The writ petition is disposed of accordingly.

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Sd/-

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P.V.ASHA, JUDGE.

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K.D.Joseph v. Union of India

Case brief

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K.D.Joseph v. Union of India

Case brief

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