Mathew P.T vs The Director General
2021 Latest Caselaw 11351 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943

                       WP(C).No.9126 OF 2021(M)


PETITIONER:

               MATHEW P.T
               AGED 42 YEARS
               NO.997040354, EX. CONSTABLE INDO TIBETAN BORDER
               POLICE, FORMERLY OF ITBP EASTERN FRONTIER HEAD
               QUARTERS, AT LUCKNOW UP PRESENTLY RESIDING AT
               PARAMKIMAMAVILA HOUSE, SHALICARY P.O., PUNALOOR,
               KOLLAM DISTRICT, KERALA STATE, PIN-691 305

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

RESPONDENTS:

      1        THE DIRECTOR GENERAL
               INDO TIBETAN BOARDER POLICE FORCE, BLOCK-2, CGO
               COMPLEX, LODHI ROAD, NEW DELHI-110 003

      2        THE INSPECTOR GENERAL (HQ),
               INDO TIBETAN BOARDER POLICE, BLOCK-2, CGO COMPLEX,
               LODHI ROAD, NEW DELHI-110 003

      3        THE INSPECTOR GENERAL/(EASTERN) FRONTIER
               INDO TIBETAN BOARDER POLICE SHEELA COMPLEX, VIDHAN
               SABHA MARG, NEAR RADIO STATION, HAZARATGANJ, LUCKNOW
               (UP),PIN-226001

      4        UNION OF INDIA
               REPRESENTED BY ITS SECRETARY, MINISTRY OF AFFAIRS,
               NORTH BLOCK, NEW DELHI-110 001


OTHER PRESENT:

               SRI. P.VIJAYAKUMAR, A.S.G.

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.9126 OF 2021(M)

                                 2

                         JUDGMENT

Dated this the 8th day of April, 2021

This writ petition is filed seeking the following prayers:-

"i) to declare that the petitioner is eligible for "Compassionate Allowance" from the date of dismissal in the light of Ext.P4 statutory rule and as per the dictum reported in (2014) 11 SCC 684:

ii) to issue a writ of mandamus or any other writ, order or direction directing the respondents to release all consequential benefits flown therein from granting compassionate allowance from the date of dismissal;

iii) to issue a writ of mandamus or any other writ, order or direction directing the 1st respondent to consider Ext.P5 representation compassionately in the light of Ext.P4 statutory rule and judgment of the Hon'ble Supreme Court of India reported in Mahinder Dutt Sharma vs. U.O.I & Ors reported in (2014) 11 SCC 684 and 2001 (3) KLT 855."

2. Heard the learned counsel for the petitioner and

the learned ASGI appearing for the respondents.

3. It is submitted by the learned counsel for the

petitioner that seeking compassionate allowance from the

date of dismissal, the petitioner has approached the 1 st

respondent with Ext.P5 representation. It is submitted that

the said representation may be directed to be considered, WP(C).No.9126 OF 2021(M)

taking note of the binding decisions of the Apex Court as

well.

4. Having heard the learned counsel on either side, I

am of the opinion that Ext.P5 is liable to be considered by

the 1st respondent in accordance with law.

5. There will, accordingly, be a direction to the 1 st

respondent to take up, consider and pass orders on Ext.P5

representation preferred by the petitioner with notice to the

petitioner and after hearing him through any appropriate

means including video conferencing within a period of two

months from the date of receipt of a copy of this judgment.

The contentions raised by the petitioner shall be considered

while orders as passed as directed above.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Bng/09.04.2021 WP(C).No.9126 OF 2021(M)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE IDENTITY CARD BEARING NO.055063 ISSUED TO THE PETITIONER BY THE INDO TIBETAN BORDER POLICE

EXHIBIT P2 TRUE COPY OF THE TREATMENT CERTIFICATE DATED 12.03.2018 ISSUED BY DR.SREEKUMAR, CONSULTANT NEUROLOGIST, MEDITRINA HOSPITAL KOLLAM IN RESPECT OF THE WIFE OF THE PETITIONER

EXHIBIT P3 TRUE COPY OF OUT PATIENT RECORD BEARING NO.T1132615022200840 WITH TREATMENT DETAILS IN RESPECT OF THE DAUGHTER OF THE PETITIONER

EXHIBIT P4 TRUE COPY OF THE RULE 41 OF CCS PENSION RULE

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 03.02.2021 PREFERRED BY THE PETITIONER ADDRESSED TO THE 1ST RESPONDENT