The court disposed of a writ petition filed by a former Border Security Force personnel claiming a disability pension. The petitioner sought relief regarding a delayed claim consideration.
Directed the 1st respondent to consider the petitioner's representation and pass a reasoned order with reference to specific exhibits within two months.
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 V.G.ARUN
MONDAY, THE 23RD DAY OF MAY 2022 / 2ND JYAISHTA, 1944 WP(C) NO. 8708 OF 2022
PETITIONER:
A MANOHARAN PILLAI AGED 56 YEARS, S/O APPUKKUTTAN PILLAI EX NO.86005381 LNK, 37 BN, BORDER SECURITY FORCE, NOW RESIDING AT TAPASYA (NEDIYATHU THEKKATHIL), KARIMTHOTTUVA P.O, SASTHAMKOTTA, KOLLAM, PIN – 690540
BY ADVS. R.REJI KUMAR P.R.JAYAKRISHNAN
RESPONDENTS:
1 THE COMMANDANT 37 BN, BORDER SECURITY FORCE, CHANDEMA, KOHIMA, NAGALAND - 797 003.
2 THE DIRECTOR GENERAL, BORDER SECURITY FORCE, (MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA), BSF HEADQUARTERS, 10, CGO COMPLEX, LODI ROAD,NEW DELHI- 110 003
3 UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI - 110 001.
BY ADVS.
SRI. S. MANU, ASSISTANT SOLICITOR GENERAL OF INDIA SRI. DAYA SINDHU SREEHARI N.S., CENTRAL GOVERNMENT COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 8708 OF 2022
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JUDGMENT
Dated this the 23rd day of May, 2022
The petitioner has joined the Border Security Force on 08.05.1986. While continuing in service, he was boarded out on 30.04.1999, on medical grounds. By Ext.P4 notification dated 15.02.2011, the Government of India amended the Central Civil Services (Extraordinary Pension) Rules, 1939 and thereby created provision for granting disability pension to persons boarded out for medical reasons. By Ext.P6 O.M., the benefit of disability pension is made available to personnel with less than ten years of service and boarded out prior to 2006 also. Therefore, the petitioner submitted a claim for disability pension and is aggrieved by the delay in considering his claim.
submitted that the competent authority is willing to
WP(C) NO. 8708 OF 2022
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consider petitioner’s claim.
Accordingly, the writ petition is disposed of, directing the 1st respondent to consider Ext.P7 representation and to pass a reasoned order thereon, with reference to Exts.P4, P5 and P6. The order, as directed above, shall be passed within an outer limit of two months of receipt of a copy of this judgment.
Sd/V.G.ARUN JUDGE
NB/23-5
WP(C) NO. 8708 OF 2022
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APPENDIX OF WP(C) 8708/2022
PETITIONER’S EXHIBITS
| EXHIBIT | P1 | TRUE 1ST |
COPY RESPOND |
OF ORDER ENT |
DATED 29-12-1997 ISSUED BY |
|---|---|---|---|---|---|
| EXHIBIT | P2 | TRUE THE |
COPY 1ST RES |
OF ORDER PONDENT |
DATED 21-04-1999 ISSUED BY |
| EXHIBIT | P3 | TRUE 1999 |
COPY ISSUED |
DISCHARG BY THE |
E CERTIFICATE DATED 01-05- 1ST RESPONDENT |
| EXHIBIT | P4 | TRUE ISSU WELF |
COPY ED BY ARE |
OF NOT DEPARTME |
IFICATION DATED 15-02-2011 NT OF PENSION & PENSIONERS' |
| EXHIBIT | P5 | TRUE DEPA GOVE |
COPY RTMENT RNMENT |
OF OM OF PENSI OF INDIA |
DATED 29-04-2016 ISSUED BY ON AND PENSIONERS' WELFARE, |
| EXHIBIT | P6 | TRUE DEPA GOVE |
COPY RTMENT RNMENT |
OF OM OF PENSI OF INDIA |
DATED 28-07-2020 ISSUED BY ON AND PENSIONERS' WELFARE, |
| EXHIBIT | P7 | TRUE SUBM PETI |
COPY ITTED TIONER |
OF REPR BEFORE |
ESENTATION DATED 11-10-2021 THE 1ST RESPONDENT BY |
| RESPONDE | NTS EXHIBITS: | NIL |
TRUE COPY
P.A. TO JUDGE
A MANOHARAN PILLAI
THE COMMANDANT 37 BN, BORDER SECURITY FORCE
THE DIRECTOR GENERAL, BORDER SECURITY FORCE
UNION OF INDIA
V.G.ARUN
As recorded by the court registry
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