Gurdev Singh Reen S/O Kalyan Singh ... vs Union Of India
2022 Latest Caselaw 7139 Guj

      C/SCA/12477/2021                           ORDER DATED: 17/08/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 12477 of 2021

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               GURDEV SINGH REEN S/O KALYAN SINGH REEN
                               Versus
                           UNION OF INDIA
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Appearance:
SAMEE A URAIZEE(7747) for the Petitioner(s) No. 1
SERVED BY RPAD (N) for the Respondent(s) No. 1,2
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     CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV

                             Date : 17/08/2022

                              ORAL ORDER

1. Heard Mr. Samee A. Uraizee learned counsel for the

petitioner. Though served, nobody appears for the

respondent/s.

2. The prayer of the petitioner is that he has made

representation on 30/07/2020 to the respondent No.2.

3. The facts in brief are that the petitioner was appointed as

an Assistant Commandant (CISF) at Space Application

Center, Ahmedabad. Thereafter, he promoted to the post

C/SCA/12477/2021 ORDER DATED: 17/08/2022

of Deputy Commandant. Pursuant to departmental

proceedings held for unauthorized absent, for the period

from 04.07.1995 to 07.03.1997, a penalty of compulsory

retirement and 10% deduction in pensionary benefits were

imposed. The order of penalty was challenged by filing

Special Civil Application No.4876 of 2000. This Court by

an order dated 20.09.2001 partly allowed the petition by

quashing and setting aside the order of penalty and

permitted the petitioner to retire on an from the date of

reaching superannuation. The respondents were directed to

pay all the retirement benefits. Paragraph 8 of the order

reads as under:

"8. Under the circumstances, the petition is partly allowed. The impugned order of penalty is hereby quashed and set aside and petitioner is permitted to retire on and from the date of reaching superannuation. Respondents are directed to pay all the retiral benefits to the petitioner as early as possible and preferably with Six Months from today. Rule is made absolute accordingly. No costs. Direct Service is permitted."

C/SCA/12477/2021 ORDER DATED: 17/08/2022

4. A Letters Patent Appeal was filed against such order dated

20.09.2001 by the Union of India failed and was dismissed

by judgment and order dated 11.10.2011.

5. Despite the order so passed, the order was not complied

with and, therefore, the petitioner was constrained to move

Misc. Civil Application No.2474 of 2012. This Court by

an order dated 08.08.2013 disposed of the petition.

6. The petitioner was once again constrained to approach this

Court by filing SCA No.7714 of 2014, where the Court on

07.08.2014 recorded the statement of the learned Standing

Counsel that retirement benefits shall be released to the

petitioner.

7. It is the case of the petitioner through the representation

made on 30/07/2020 that though the petitioner is 79 years

of age, consequential benefits pursuant to the quashing of

C/SCA/12477/2021 ORDER DATED: 17/08/2022

the order of the penalty have been given to the petitioner

which have been stated in the representation so made. It is

the case of the petitioner that he ought to have been

promoted to the higher post. Prayer made in Para 9 of the

representation reads as under:

"9. Apart from aforesaid main grievances other grievances which have not been addressed to are as under:

(a) I may be appointed to the post of IG, CISF, with reference to my juniors and consequentially granted all resultant benefits.

(b) My entire military service be counted for the purpose of pension and other benefits.

(c) The absence period from 5th July, 1995 to 2nd March, 1997 may be regularized by granting me the joining time, earned leave, casual leave, and medical leave etc. due to me as I have already submitted the required documents.

(d) My retirement TA / DA and other dues / benefits may be paid from place of posting to the Home town. The application was already submitted before retirement.

      C/SCA/12477/2021                             ORDER DATED: 17/08/2022




               (e)       The interest on the amount

deducted from my pension as penalty be paid.

(f) After consideration of my original seniority and other relevant aspects my pension may be re-fixed and the differential amount paid with interest.

(g) After granting of aforesaid reliefs, re-fixation of my pension and pensionary benefits with interest be done.

I, therefore, earnestly request your good self that I have by now suffered a lot and, therefore, my aforesaid grievances be settled on priority basis without any loss of time, since with passage of time my deteriorating health deteriorating more as I am already 79+ years of age, and if it is not decided at the earliest I may not be able to see the fruits of my efforts, hard work, honesty, and dedication to duty put in by me throughout my service career either as a member of the force of as an officer under the department. In case required I may be given an opportunity to explain my case in person and clear the misgivings if any."

8. Accordingly, the respondents are directed to consider the

representation dated 30/07/2020 within a period of six

C/SCA/12477/2021 ORDER DATED: 17/08/2022

weeks from the date of receipt of copy of this order.

9. The petition stands disposed of in above terms. Rule is

made absolute to the aforesaid extent. Direct Service is

permitted. Also permitted to serve through RPAD, as

requested. No order as to costs.

(BIREN VAISHNAV, J) VATSAL S. KOTECHA