Disposed

B.Sreekumar @ Sreekumaran Nair, v. the Director General

Kerala HC14 Sept 2021WP(C)/18839/2021

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition concerning disability pension enhancement. The judge directed the Director General, BSF, to consider the petitioner’s representation in light of a 2011 notification and provide a hearing opportunity within three months.

What did the court decide?

Direction to the first respondent (Director General, BSF) to dispose of the petitioner's representation (Ext.P9) on merits within three months, with a hearing opportunity, in light of S.O. No.410(E) d

B.Sreekumar @ Sreekumaran Nair, Vs the… — Pension and Retirement Benefits | Kerala HC (2021)

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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 SUNIL THOMAS TUESDAY, THE 14^TH DAY OF SEPTEMBER 2021 / 23RD BHADRA, 1943

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WP(C) NO. 18839 OF 2021

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PETITIONER:

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1 B.SREEKUMAR @ SREEKUMARAN NAIR, AGED 51 YEARS S/O.BALAKRISHNAN, EX.CONSTABLE (NO.88243584), 48 BN BSF, STCBSF, BANGALORE, NOW RESIDING AT SOORYA BAHVAN, KARODE P.O., THIRUVANANTHAPURAM-695 506, KERALA.

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BY ADVS. P.R.JAYAKRISHNAN R.REJI KUMAR PRADEEP KRISHNA SEENA S. NAIR MANOJ K.S.

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RESPONDENTS:

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1 THE DIRECTOR GENERAL, BORDER SECURITY FORCE, (MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA), BSF HEADQUARTERS, 10, CGO COMPLEX, LODI ROAD, NEW DELHI-110 003.

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2 THE DEPUTY INSPECTOR GENERAL, 39 BN BSF, STCBSF, YALAHANKA, BANGALORE-560 063.

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3 UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI-110 001.

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4 THE SECRETARY (PENSION), DEPARTMENT OF PENSION & PENSIONERS' WELFARE, JANPATH BHAWAN, B WING, 8TH FLOOR, NEW DELHI-110 001.

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5 THE DIRECTOR (PW), DEPARTMENT OF PENSION & PENSIONERS' WELFARE,

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WP(C) No.18839 of 2021

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JANPATH BHAWAN, B WING, 8TH FLOOR, NEW DELHI-110 001.

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BY ADV.SRI.P.VIJAYAKUMAR, ASG

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) No.18839 of 2021

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JUDGMENT

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Dated this the 14^th day of September, 2021

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The petitioner herein joined the service of the first respondent on 06.12.1988 as a constable. While on duty in Srinagar, he sustained injuries in a grenade attack. He claims that he has suffered a disability of 58% which according to him, has to be reckoned as 75% by virtue of 2011 amendment in Rules of CCS (Extraordinary Pension) Rules, 1939. Seeking his benefits, he has submitted Ext.P9 representation before the first respondent. The grievance of the petitioner is that his representation claiming disability pension has not been considered favourably even now.

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After hearing the learned Counsel for the petitioner and the learned Assistant Solicitor General of India for respondents, I am inclined to dispose of the Writ Petition itself with a direction to the first respondent to take up Ext.P9 representation and to dispose it of on merits, in the light of S.O. No.410(E) dated 15.12.2011

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WP(C) No.18839 of 2021

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of the Ministry of Personnel, Public Grievances and Pensions produced along with the Writ Petition as Ext.P4, as expeditiously as possible and, at any rate, within a period of three months from the date of receipt of a copy of this judgment, with a reasonable opportunity of being heard to the petitioner physically and if not possible, by virtual mode. The learned Counsel for the petitioner may also place a copy of the Writ Petition before the first respondent for reference.

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The Writ Petition is accordingly, disposed of.

Sd/-

SUNIL THOMAS

JUDGE

SKP/14-9

WP(C) No.18839 of 2021

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APPENDIX OF WP(C) 18839/2021

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PETITIONER'S EXHIBITS:

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EXHIBIT	P1 TRUE COPY OF CERTIFICATE DATED NIL ISSUED BY SURGEON, 48 BN BSF.
EXHIBIT	P2 THE TRUE COPY OF CERTIFICATE DATED 09- 08-2003 ISSUED BY THE PRESIDING OFFICER, 48 BN BSF, STCBSF, BANGALORE.
EXHIBIT	P3 THE TRUE COPY OF ORDER DATED 28.02.2004 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT	P4 THE TRUE COPY OF NOTIFICATION DATED 15.02.2011 ISSUED BY THE DEPARTMENT OF PENSION & PENSIONERS' WELFARE.
EXHIBIT	P5 TRUE COPY OF OM DATED 29.04.2016 BY DEPARTMENT OF PENSION AND PENSIONERS' WELFARE, GOVERNMENT OF INDIA.
EXHIBIT	P6 TRUE COPY OF OM DATED 28.07.2020 ISSUED BY DEPARTMENT OF PENSION AND PENSIONERS' WELFARE, GOVERNMENT OF INDIA.
EXHIBIT	P7 TRUE COPY OF THE JUDGMENT DATED 07.07.2006 IN WPC NO.17189/2005 OF HON'BLE HIGH COURT AT DELHI.
EXHIBIT	P8 TRUE COPY OF JUDGMENT DATED 31.08.2021 IN WPC NO.17462/2021 OF THE HON'BLE HIGH COURT OF KERALA.
EXHIBIT	P9 TRUE COPY OF REPRESENTATION DATED 12.08.2021 SUBMITTED BEFORE THE 1ST RESPONDENT BY THE PETITIONER.

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RESPONDENTS EXHIBITS: NIL

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TRUE COPY

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P.A. TO JUDGE

B.Sreekumar @ Sreekumaran Nair, v. the Director General

Case brief

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B.Sreekumar @ Sreekumaran Nair, v. the Director General

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