Union Of India vs Narayanan P.K, (Ex.Nk-13686867-W)

Kerala High Court

Union Of India vs Narayanan P.K, (Ex.Nk-13686867-W) on 22 May, 2024

Author: Amit Rawal

Bench: Amit Rawal

WP(C) No.15914/2024                      1/4

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                       THE HONOURABLE MR. JUSTICE AMIT RAWAL
                                         &
                       THE HONOURABLE MR. JUSTICE EASWARAN S.
             Wednesday, the 22nd day of May 2024 / 1st Jyaishta, 1946
                            WP(C) NO. 15914 OF 2024(L)
   PETITIONERS:

      1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT
         (DEFENCE), MINISTRY OF DEFENCE, NEW DELHI, PIN - 110011
      2. THE DEPUTY DIRECTOR GENERAL, DIRECTOR GENERAL DSC, GENERAL STAFF
         BRANCH INTEGRATED HQ OF MOD (ARMY) WEST BLOCK-III, R K PURAM, NEW
         DELHI, PIN - 110011
      3. SENIOR RECORD OFFICER DSC RECORDS MILL ROAD, KANNUR, KERALA, PIN -
         670013

   RESPONDENT:

          NARAYANAN P.K, (EX.NK-13686867-W), AGED 59 YEARS, S/O. RAMUNNI
          P.K(LATE) DSC RECORDS, KANNUR, RESIDING AT "PUTHALATHKUNNIMAL"),
          PANTHALAYINI, QUILANDI P.O., KOZHIKODE, PIN - 673305


        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to stay the operation of Ext P2 order in OA 104/2022 dated
   26.07.2022 of the Hon'ble Armed Forces Tribunal Regional Bench, Kochi,
   pending disposal of the writ petition (civil).


        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   SRI. ABDUL RAOOF PALLIPATH, Advocates for the petitioners, M/S. HARISH
   KUMAR B, THANAZ SADHIC Advocates for the respondent, the court passed the
   following:
 WP(C) No.15914/2024                          2/4




                           AMIT RAWAL & EASWARAN.S, JJ.
                 -------------------------------------------------------
                                 W.P(C)No.15914 of 2024
                      ----------------------------------------------------
                          Dated this the 22nd day of May, 2024


                                           ORDER

Amit Rawal, J.

1. Inter alia alleges that similar controversy decided by the Armed Forces Tribunal in O.A.No.19/2022 Balakrishnan Mullikote v. Union of India and others decided on 26.07.2022 is under consideration before the Supreme Court in Civil Appeal bearing No.27246/2023 and the matter is under stay.

2. Issue notice before admission. Mr.Harishkumar, learned counsel for the respondent accepts notice.

3. Mr.Harishkumar submits that decision rendered in Balakrishnan Mullikote is totally different for, the said employee had retired in 2008, probably the ground of the Union of India is for delay in claiming the pension with regard WP(C) No.15914/2024 3/4 WP(C) No.15914 of 2024 2 to the subsequent appointment in Defence Security Corps (DSC). Even the factum of Regulation 44 of Pension Regulations for the Army, 2008, and the defence letter had also not been brought to the notice of the Supreme Court. Had it been so there would not have been any delay. Be that as it may. Since the matter is pending in Supreme Court, we do not wish to decide the appeal on merits till its adjudication.

4. In this view of the matter, this case is adjourned to 05.11.2024 awaiting the decision in Civil Appeal No.27246/2023.

In the meantime, there shall be stay of the judgment.

Sd/-

AMIT RAWAL JUDGE Sd/-

EASWARAN.S JUDGE nak 22-05-2024 /True Copy/ Assistant Registrar WP(C) No.15914/2024 4/4 APPENDIX OF WP(C) 15914/2024 Exhibit P2 A TRUE COPY OF THE ORDER IN OA 104/2022 DATED 26.07.2022 OF THE HON'BLE ARMED FORCES TRIBUNAL REGIONAL BENCH, KOCHI 22-05-2024 /True Copy/ Assistant Registrar