Disposed

C.Varadharajan v. the Director General

Kerala HC7 Sept 2021WP(C)/14040/2021

Case brief

AI extract

What is this about?

A retired CISF Assistant Commandant filed a writ petition regarding an anomaly in his pay fixation. The Court requested a three-month extension to allow authorities to consider the representation while awaiting the Government of India's advice, ultimately disposing of the petition.

What did the court decide?

The Writ Petition was disposed of by directing the first respondent to consider the petitioner's representation within three months of receipt of this judgment.

C.Varadharajan Vs the Director General — Pension and Retirement Benefits | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

¶4

TUESDAY, THE 7^TH DAY OF SEPTEMBER 2021 / 16TH BHADRA, 1943

¶5

WP(C) NO. 14040 OF 2021

¶6

PETITIONER/S:

¶7

C.VARADHARAJAN, AGED 61 YEARS ASSISTANT COMMANDANT/JAO RETIRED, (FORMERLY OF CISF UNIT VSSC THUMBA, THIRUVANANTHAPURAM, KERALA), PRESENTLY RESIDING AT HOUSE NO. 19/12 A, KATTAIKKADU VILLAGE, AMMANDIVILLAI P.O, KANYAKUMARI DISTRICT, TAMILNADU STATE, PIN - 629204.

¶8

BY ADVS. T.SANJAY SANIL KUMAR G. MIDHUN R.

¶9

RESPONDENT/S:

¶10

1 THE DIRECTOR GENERAL CENTRAL INDUSTRIAL SECURITY FORCE, CISF HEAD QUARTERS, 13 CGO COMPLEX, LODHI ROAD, NEW DELHI - 110003.

¶11

2 THE INSPECTOR GENERAL/CISF, DAE & DOS HEAD QUARTERS, CGO COMPLEX, LODHI ROAD, NEW DELHI, PIN - 110003.

¶12

3 THE DEPUTY INSPECTOR GENERAL/CISF, DOS HEAD QUARTERS, ANTARIKSH BHAVAN, NEW BEL ROAD, BANGALORE, KARNATAKA - 560094.

¶13

4 THE COMMANDANT, CENTRAL INDUSTRIAL SECURITY FORCE CISF UNIT VSSC THUMBA, THIRUVANANTHAPURAM, KERALA, PIN - 695022.

¶14

5 THE REGIONAL PAY & ACCOUNTS OFFICER, CENTRAL INDUSTRIAL SECURITY FORCE, 3RD FLOOR, "D" WING, RAJAJI BHAVAN, BASANT NAGAR, CHENNAI, PIN - 600090.

¶15

6 THE CHIEF CONTROLLER (PENSION), CENTRAL PENSION ACCOUNTING OFFICE, MINISTRY OF FINANCE, DEPARTMENT, OF EXPENDITURE TRIKOOT-II,BHIKAJI CAMA PLACE, NEW DELHI - 110066.

¶16

WP(C) NO. 14040 OF 2021

¶17

¶18

7 UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI, PIN - 110003.

¶19

BY ADV O.M.SHALINA

¶20

ADV.T.V.VINU CGC

¶21

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶22

WP(C) NO. 14040 OF 2021

¶23

¶24

JUDGMENT

¶25

The grievance of the petitioner is regarding the anomaly consequent to the pay fixation by Ext.P1 office memorandum. Ext.P4 representation was submitted by him before the Director General, CISF Head Quarters, who is the first respondent herein. The learned CGC on instructions submitted that the issue arose out of the two O.Ms issued, regarding which some confusion have arisen. Identical representations have also been received from various quarters. Hence the authorities have sought opinion from the Central Government, which is awaited. Since it is expected that final decision can be taken pursuant to advice from the Ministry of Finance, Government of India, the learned counsel seeks atleast three months time for taking final decision. Accordingly, I am inclined to dispose of the Writ Petition itself, by directing the first respondent to take up and consider Ext.P4 representation in accordance with law, as expeditiously as possible, at any rate, within a period

¶26

WP(C) NO. 14040 OF 2021

¶27

¶28

of three months from the date of receipt of a copy of this judgment. It is made clear that if for any reason, the decision of the Ministry of Finance is not received within three months, there will be an automatic extension of time for disposed of Ext.P4 by one more month.

¶29

Writ Petition is disposed of.

¶30

Sd/-

¶31

SUNIL THOMAS, JUDGE

¶32

R.AV

¶33

WP(C) NO. 14040 OF 2021

¶34

¶35

APPENDIX OF WP(C) 14040/2021

¶36

PETITIONER EXHIBITS

¶37

Exhibit P1	TRUE COPY OF MINISTRY OF FINANCE, OFFICE MEMORANDUM NO.4-21/2017-IC - E-IIIA DATED 28.11.2019.
Exhibit P2	TRUE COPY OF COMPARATIVE PAY FIXATION STATEMENT DATED 30.03.2021.
Exhibit P3	TRUE COPY OF APPLICATION DATED 24.08.2020 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT.
Exhibit P4	TRUE COPY OF REPRESENTATION DATED 27.08.2020 PREFERRED BY THE PETITIONER.
Exhibit P5	TRUE COPY OF COMMUNICATION DATED 16.11.2020 SUBMITTED BY THE PETITIONER.
Exhibit P6	TRUE COPY OF LAST PAY DRAWN STATEMENT DATED 04.01.2021 IN RESPECT OF THE PETITIONER.
Exhibit P7	TRUE COPY OF PENSION PAYMENT ORDER DATED 06.05.2021 IN RESPECT OF THE PETITIONER.
Exhibit P8	TRUE COPY OF COMMUNICATION NO.E- 27015/CISF/VSSC/P FIX/DOC/2021/621 DATED 05.08.2021 SENT BY THE 4TH RESPONDENT.

C.Varadharajan v. the Director General

Case brief

What is this about?

What did the court decide?

C.Varadharajan v. the Director General

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Tom Mathew Vs the Union of India

T.K.Radhakrishnan, Vs State of Kerala

A.Suresh Vs Kerala State Beverages (Manufacturing and Marketing) Corporation Ltd.

Kavitha Rajan Vs Kerala State Electricity Board - Kseb

Ayisha Moosa Vs Shaju N.I.

Sudhir Antony Joseph Vs Anil Kumar