Sujith Kumar T. V vs Union Of India
2021 Latest Caselaw 1437 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    THURSDAY, THE 14TH DAY OF JANUARY 2021 / 24TH POUSHA, 1942

                       WP(C).No.28629 OF 2020(C)


PETITIONER:

               SUJITH KUMAR T. V.
               AGED 42 YEARS
               S/O. SHRI KRISHNANKUTTY T. V., THANDAN VEETTIL HOUSE,
               PERUMPARAMBA P. O., EDAPPAL, MALAPPURAM DISTRICT,
               KERALA - 679 576.

               BY ADVS.
               SRI.K.P.S.SURESH
               SMT.REENA SHARON SURESH

RESPONDENTS:

      1        UNION OF INDIA
               REPRESENTED BY SECRETARY TO GOI, MINISTRY OF HOME
               AFFAIRS, NEW DELHI - 110 001.

      2        THE DIRECTOR GENERAL OF CISF
               O/O. THE DIRECTORATE GENERAL - CISF HQ, BLOCK NO.13,
               CGO COMPLEX, LODHI ROAD, NEW DELHI, PIN - 110003.

      3        THE DEPUTY INSPECTOR GENERAL
               CENTRAL INDUSTRIAL SECURITY FORCE, PARISAR NO.553,
               EAST KOLKOTA TOWNSHIP, KASABA, KOLKOTTA - 700 107.

      4        THE DY. COMMANDANT
               CENTRAL INDUSTRIAL SECURITY FORCE, CASO, AVIATION
               SECURITY GROUP, RANCHI - 834 002.

      5        THE ADDL. DIRECTOR
               NCC DIRECTORATE (K AND L), STATE WING - KERALA,
               THIRUVANANTHAPURAM - 695 010. (FORMAL IN NATURE)


OTHER PRESENT:

               GP BIJOY CHANDRAN AND ASG P .VIJAYAKUMAR

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.28629 OF 2020(C)

                                          2


                                  JUDGMENT

This writ petition is filed seeking the following reliefs:-

"(a) To order the respondents refund the cost of training collected from the petitioner, ie. Rs.146227/- along with interest.

(b) To direct the respondents 2 and 3 to make necessary entry into the Service Book of the petitioner about past service for requirement benefits under intimation to the (formal) respondent R4.

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 the petitioner has been appointed as Clerk in the

office of the Additional Director, NCC - Kerala and

Lakshadweep. It is submitted that prior to such appointment he

was working as Sub-Inspector under the 3rd respondent. It is

submitted that the petitioner's resignation has been accepted

on condition that he deposits training cost of Rs.1,46,227/- to

the CISF. The contention of the learned counsel for the

petitioner is that he has resigned only to take up the WP(C).No.28629 OF 2020(C)

appointment with the 5th respondent and therefore, the

direction to refund the training cost is unjustifiable. It is

submitted that Ext.P8 representation has been submitted

before the 2nd respondent, which is liable to be considered in

accordance with law.

4. The learned ASGI appearing for the respondents

submits that Ext.P8 representation has not been forwarded

through appropriate channel and that it has not been received

by the competent authority as well.

5. Having heard the learned counsel appearing on either

side, I am of the opinion that since the petitioner has resigned

from the service of the CISF only for taking up appointment with

the 5th respondent, the request made by him for waiving of the

recovery of training cost is liable to be considered by the 2 nd

respondent sympathetically.

6. In the above view of the matter, I am of the opinion

that in case the petitioner approaches the 2nd respondent with a

detailed representation with regard to waiving the recovery of

the training cost, the same shall be considered appropriately by WP(C).No.28629 OF 2020(C)

the 2nd respondent in accordance with law. The petitioner shall

produce a copy of this judgment along with a copy of the

representation before the 2nd respondent for compliance. The

2nd respondent shall consider the same and pass orders

thereon, within a period of two months from the date of receipt

of a representation along with a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE Bng/14.01.2021 WP(C).No.28629 OF 2020(C)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF DISCHARGE BOOK IS PRODUCED AND MARKED AS EXHIBIT - P1

EXHIBIT P2 TRUE COPY OF CISF OFFER NO.E-

14099/RTC/CISF/7TH (B) SI/EXE (ESM)/TRG./18/1953 DATED 09.01.2018.

EXHIBIT P3 TRUE COPY OF THE OFFICE ORDERS OF DIG-

CISF VIDE ORDER NO.LETTER NO.E- 16015/CISF/AP(E&NE)/RESIG.CORRS/ADM.3/201 9-1958 DATED 25.03.2019.

EXHIBIT P3 (a) TRUE COPY OF THE OFFICE ORDER NO.E-

31014/CISF/R/ADMIN/RESIGNATION/2019/1042 DATED 28.03.2019 FROM DY. COMMANDANT AIRPORT RANCHI UNIT OF CISF.

EXHIBIT P3 (b) TRUE COPY OF GAR 8, PAYMENT OF RS.

146227/-

EXHIBIT P4 TRUE COPY OF THE RANK LIST OF KERALA PSC DATED 20.02.2018

EXHIBIT P5 TRUE COPY OF STATE PSC ISSUED ADVICE MEMO FOR APPOINTMENT VIDE LETTER NO.MR I(1) 678/14 DATED 30.01.2019.

EXHIBIT P6 TRUE COPY OF ORDER NO.883/A2-EST/2018/NCC DATED 15.02.2019, THE ADDL. DIRECTOR GENERAL, NCC, NCC DIRECTORATE (K AND L), THIRUVANANTHAPURAM.

EXHIBIT P7 TRUE COPY OF PROCEEDINGS OF DIG-CISF-RTC LETTER NO.E-

37035/RTC(A)/TRG./INTIMATION/2018-6502 DATED 27.05.2018.

EXHIBIT P8 TRUE COPY OF THE APPLICATION DATED 05.04.2019 FOR REFUND.