The Kerala High Court dismissed a writ petition by retired CRPF personnel seeking pension enhancement. The court held that the claim based on a prior decision was unsustainable as that decision was held per incuriam and contravened the Supreme Court ruling in K.S.Krishnaswamy.
Writ petition failed and is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
MONDAY, THE 29TH DAY OF NOVEMBER 2021 / 8TH AGRAHAYANA, 1943
WP(C) NO. 11758 OF 2019
PETITIONERS:
1 T.K.GANGADHARAN AGED 72 YEARS S/O.M.O.APPAN NAMBIAR,SUB INSPECTOR(RETD.),CENTRAL RESERVE POLICE FORCE,'KEERTHANAM',GARDENS ROAD,PILAKOOL.P.O,TEMPLE GATE,THALASSERY,KANNUR-670102.
2 U.M.DASAN, AGED 71 YEARS S/O.ANANTHAN,SUB INSPECTOR(RETD.), CENTRAL RESERVE POLICE FORCE, VADIYIL HOUSE,PERUMTHATTIL.P.O, THALASSERY,KANNUR-670107. BY ADVS. C.S.GOPALAKRISHNAN NAIR SMT.PRASEEDHA T.
RESPONDENTS:
1 DIRECTOR GENERAL, CENTRAL RESERVE POLICE FORCE BLOCK NO.1,CGO COMPLEX,LODHI ROAD, NEW DELHI-110003. 2 DIRECTOR OF ACCOUNTS, PAY AND ACCOUNTS OFFICE, CENTRAL RESERVE POLICE FORCE, MAHAVIR NAGAR,TILAK NAGAR.P.O, NEW DELHI-1100018. 3 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PENSION AND PENSIONERS' WELFARE,SOUTH BLOCK, NEW DELHI-110001. BY ADV SRI.K.SHRI HARI RAO, CGC
W.P.(C) No.11758/2019
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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.11.2021, THE COURT ON 29/11/2021 DELIVERED THE FOLLOWING:
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JUDGMENT
The writ petitioners were the Ex- Sub Inspectors of the Central Reserve Police Force having retired prior to 2006. They were granted pension which was revised on the strength of the Central Pay Commission report with effect from 1/1/2006. The contention of the writ petitioners is that, they are entitled to get pension at a higher rate, i.e. at the rate of Rs.8345/- on the strength of the decision of this Court in O.P. (CAT) No.169/2015. This writ petition was heard along with identical writ petitions, wherein pre- 2006 pensioners of CRPF claimed benefits on the strength of the decision in O.P.(CAT) No.169/2015.
In the light of the above binding decision, the claim based on the judgment in O.P.(CAT) No.169/2015 is not legally sustainable. The writ
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petition fails and is dismissed.
Sd/-
SUNIL THOMAS
Judge
dpk
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APPENDIX OF WP(C) 11758/2019
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE REVISED PENSION PAYMENT ORDER NO.239030328417/730796/A1 DT:16.6.2011 OF THE 1ST PETITIONER. EXHIBIT P2 A TRUE COPY OF THE REVISES PENSION PAYMENBT SLIP FOR THE MONTH OF NOVEMBER 2015 ISSUED BY THE STATE BANK OF INDIA OF 2ND PETITIONER. EXHIBIT P3 A TRUE COPY OF THE O.M.N.38/37/08 P&PW(A)DT.6.4.2016 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P4 A TRUE COPY OF THE FITMENT TABLE ANNEXED TO THE CCS(RP)RULES 2008. EXHIBIT P5 A TRUE COPY OF OM NO.38/33/12P&PW(A)DT:4.1.2019 RULES 2008 EXHIBIT P6 A TRUE COPY OF THE JUDGMENT IN OP(CAT)NO.169/2015.
2 issues framed by the court
Whether ex-Sub Inspectors of CRPF retired prior to 2006 are entitled to enhanced pension rate of Rs.8345 based on the decision in O.P.(CAT) No.169/2015?
Whether the claim based on O.P.(CAT) No.169/2015 is legally sustainable in light of K.S.Krishnaswamy judgment held in O.P.(CAT) No.272/2017?
T.K.Gangadharan
U.M.Dasan
Director General, Central Reserve Police Force
Director of Accounts, Pay and Accounts Office, Central Reserve Police Force
Union of India
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
