Jayasingh S.K. vs Union Of India
2021 Latest Caselaw 5706 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

          THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

  WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021 / 28TH MAGHA,1942

                   WP(C).No.3325 OF 2021(M)


PETITIONER :-

            JAYASINGH S.K., AGED 39 YEARS
            S/O.SATHYADAS J., MADAVILA VEEDU,
            KEEZHATHOTTAM, PARASSALA P.O., PARASSALA,
            THIRUVANANTHAPURAM DISTRICT - 695 502.

            BY ADVS.
            SRI.V.JOHN MANI
            SRI.S.JAYANT
            SRI.JACKSON JOHNY
            SRI.VARGHESE SABU
            SRI.SETHULAKSHMI K.K.
            SMT.GAYATHRI MENON


RESPONDENTS :-

      1     UNION OF INDIA
            REPRESENTED BY ITS PRINCIPAL SECRETARY TO THE
            GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS,
            NORTH BLOCK, NEW DELHI - 110 001.

      2     DIRECTOR GENERAL,
            SASHASTRA SEEMA BAL, FORCE HEADQUARTERS,
            EAST BLOCK-V, R.K.PURAM, NEW DELHI - 110 066.

      3     INSPECTOR GENERAL OF POLICE,
            FRONTIER HEADQUARTERS, SASHASTRA SEEMA BAL,
            PATNA, 3RD FLOOR, KARPURI THAKKUR SADAN,
            GPOA BUILDING, ASHIANA DIGHA ROAD,
            NEAR RAJIV NAGAR POLICE STATION, PATNA,
            BIHAR - 800 025.

      4     COMMANDANT,
            47TH BATTALLION, SASHASTRA SEEMA BAL, PANTOKA,
            RAXAUL (BIHAR).

            BY SRI.P.VIJAYAKUMAR, ASG

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.3325 OF 2021(M)

                                  -: 2 :-


                              JUDGMENT

Dated this the 17th day of February, 2021

This writ petition is filed seeking the following reliefs :-

"1. Declare that the petitioner is entitled to be reinstated to the service notwithstanding the fact that he could not do the duty assigned to him thereof and that the time limit for the former stands expired.

2. Issue a writ of mandamus or a writ of right or any appropriate writ, order, or direction commanding the 2nd respondent and the 4th respondent to ensure that the petitioner gets reinstated in the service."

2. Heard the learned counsel for the petitioner and the

learned Assistant Solicitor General of India.

3. It is submitted by the learned counsel for the petitioner

that the petitioner had been forced to submit a resignation from the

service and that it was only due to health reasons that the petitioner

could not rejoin duty. It is stated that pointing out all these aspects,

the petitioner has preferred Ext.P17 representation, which has been

sent to the 2nd respondent on 8.2.2021. The learned counsel for the

petitioner submits that the only prayer now being pressed in the writ

petition is for a consideration of Ext.P17 representation.

4. Though the learned Assistant Solicitor General of India

raised specific objections with regard to the territorial jurisdiction of

this Court to consider this matter, in view of the prevailing pandemic WP(C).No.3325 OF 2021(M)

situation and the inability expressed by the petitioner to go to Assam

to file a writ petition, I am of the opinion that the issue requires a

consideration at the hands of the 2nd respondent.

Without expressing any view on the merits of the matter,

the 2nd respondent is directed to take up, consider and pass

appropriate orders on Ext.P17 representation preferred by the

petitioner. It is made clear that if adverse orders are passed, the

question of jurisdiction will have to be considered and the issuance of

this judgment alone will not confer jurisdiction on this Court to

consider the issue afresh. Orders shall be passed 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

Jvt/22.2.2021 WP(C).No.3325 OF 2021(M)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE IDENTITY CARED ISSUED BY THE COMMANDANT 47TH BATTALION SSB DATED 12.8.2015.

EXHIBIT P2 A TRUE COPY OF THE SERVICE CERTIFICATE ISSUED BY THE RESPONDENT TO THE PETITIONER DATED 14.6.2016.

EXHIBIT P3 A TRUE COPY OF THE LEAVE APPLICATIONS SUBMITTED BY THE PETITIONER.

EXHIBIT P4 A TRUE COPY OF THE MEDICAL CERTIFICATES FOR THE LEAVE APPLICATION.

EXHIBIT P5 A TRUE COPY OF THE 1ST NOTICE FOR ASSUMPTION OF DUTIES ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER DATED 1.7.2017.

EXHIBIT P6 A TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE MEDICAL COLLEGE AUTHORITIES, THIRUVANANTHAPURAM.

EXHIBIT P7 A TRUE COPY OF THE 2ND NOTICE FOR ASSUMPTION OF DUTIES ISSUED BY THE 4TH RESPONDENT DATED 14.7.2019.

EXHIBIT P8 A TRUE COPY OF THE 3RD NOTICE OF ASSUMPTION OF DUTY ISSUED BY THE 4TH RESPONDENT DATED 18.7.2017.

EXHIBIT P9 A TRUE COPY OF THE COURT OF INQUIRY CONVENING ORDER ISSUED BY THE 4TH RESPONDENT DATED 9.8.2017.

EXHIBIT P10 A TRUE COPY OF THE APPREHENSION REQUEST TO THE SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM ISSUED BY THE 4TH RESPONDENT DATED 29.8.2017.

EXHIBIT P11 A TRUE COPY OF THE ORDER FOR DECLARING THE PETITIONER AS DESERTER ISSUED BY THE 4TH RESPONDENT DATED 9.9.2017.

EXHIBIT P12 A TRUE COPY OF THE SHOW CAUSE NOTICE TO THE PETITIONER ISSUED BY THE 4TH RESPONDENT DATED 19.9.2017.

EXHIBIT P13 A TRUE COPY OF THE 2ND SHOW CAUSE NOTICE TO THE PETITIONER ISSUED BY THE 4TH RESPONDENT DATED 15.10.2017.

WP(C).No.3325 OF 2021(M)

EXHIBIT P14 A TRUE COPY OF THE RESIGNATION TENDERED BY THE PETITIONER TO THE 4TH RESPONDENT DATED 17.10.2017.

EXHIBIT P15 A TRUE COPY OF THE ACCEPTANCE OF RESIGNATION BY THE 4TH RESPONDENT DATED 21.10.2017.

EXHIBIT P16 A TRUE COPY OF THE MEDICAL TREATMENT AND COURSE IN THE MEDICAL COLLEGE HOSPITAL ISSUED BY THE MEDICAL COLLEGE HOSPITAL AUTHORITIES, THIRUVANANTHAPURAM TO THE PETITIONER.

EXHIBIT P17 A TRUE COPY OF THE REPRESENTATION DATED 6.2.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

//TRUE COPY//

P.A. TO JUDGE