Kerala High Court
Sujith Kumar. M vs Union Of India on 10 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942
WP(C).No.3384 OF 2021(W)
PETITIONER:
SUJITH KUMAR. M
AGED 49 YEARS
S/O BHARATHAN.M,ADWAITHAM,PAYYATTAM.P.O,
IRINAVE,CHERUKUNNU,KANNUR-670301,
FORMER HEAD CONSTABLE/LEVEL 5,27TH BN,
ITB POLICE,L S NOORANAD,ALAPPUZHA-690571.
BY ADVS.
DR.K.P.PRADEEP
SRI.T.T.BIJU
SMT.T.THASMI
SMT.M.J.ANOOPA
RESPONDENT/S:
1 UNION OF INDIA,
REPRESENTED BY THE SECRETARY TO THE
GOVERNMENT,DEPARTMENT OF HOME AFFAIRS,
NEW DELHI-110001.
2 THE DIRECTORATE GENERAL,
INDO-TIBETAN BORDER POLICE FORCE,
MINISTRY OF HOME AFFAIRS,GOVERNMENT OF INDIA,BLOCK
NO.1,CGO COMPLEX,LODHI ROAD,
NEW DELHI-110003.
3 THE COMMANDANT,
27TH BN INDO-TIBETAN BORDER POLICE FORCE,L S
NOORANAD,ALAPPUZHA DISTRICT,
KERALA-690571.
ASG P VIJAYAKUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.3384 OF 2021
2
JUDGMENT
Dated this the 10th day of February 2021
This writ petition is filed seeking the following reliefs:-
(i) To issue a Writ of Mandamus or any other
appropriate writ, order or direction
commanding the 3 respondent to consider and
rd
pass orders in Ext.P3 representation within a
time period fixed by this Hon'ble Court.
(ii) To issue a Writ of Mandamus or any other
appropriate writ, order or direction
commanding the 3 respondent to revise the
rd
pay of the petitioner and sanctioning 2nd MACPS
for an amount of Rs.4200 from 28.03.2009 and
3rd MACPS for Rs.4600/-, with all consequential
benefit and arrears with interest from
28.03.2019, within a time period fixed by this
Hon'ble Court.
(iii) Direct the respondents to pay cost of this
proceedings.
2. Heard the learned counsel for the petitioner and the
learned ASG appearing for the respondents.
3. It is submitted by the learned counsel for the petitioner
that the petitioner had joined the Indo Tibetan Border Police
[ITBP] as constable on 28.03.1989. After completion of 20 years
WP(C).No.3384 OF 2021
of service, he was sanctioned with the benefit of the second
Modified Assured Career Progression[MACP], with a grade pay of
Rs.2,800/- instead of a grade pay of Rs.4,200/-.
4. It is stated that as per the 7 th pay commission, the
petitioner is entitled to the 3rd MACP on completion of 30 years of
service w.e.f. 28.03.2019, but the same has not been granted so
far. Complaining of the difference in the grade pay granted after
20 years of service, as also seeking the issuance of the benefits
of the 3rd MACP, the petitioner has preferred Ext.P3
representation before the 3rd respondent, through proper
channel. It is submitted that the said representation is liable to
be considered in accordance with law.
5. The learned ASGI would submit that further
appropriate steps will be taken by the 3 rd respondent on Ext.P3
representation and appropriate orders shall be passed within a
period of three months from the date of receipt of a copy of this
judgment.
In the above view of the matter, there will be a direction to
the 3rd respondent to take up Ext.P3 representation preferred by
WP(C).No.3384 OF 2021
the petitioner and take appropriate further steps on the same and
to see that the grievance of the petitioner is redressed, within a
period of three months from the date of receipt of a copy of this
judgment.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
ssa
WP(C).No.3384 OF 2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PAY SLIP OF THE PETITIONER
FOR THE MONTH OF JANUARY 2010
EXHIBIT P2 TRUE COPY OF THE PAY SLIP OF THE PETITIONER
FOR THE MONTH OF SEPTEMBER 2019
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED
15.01.2020 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT.
