T.K. Radhakrishnan vs Central Reserve Police Force
2021 Latest Caselaw 2912 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

           THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

   WEDNESDAY, THE 27TH DAY OF JANUARY 2021 / 7TH MAGHA, 1942

                      WP(C).No.25235 OF 2020(D)

PETITIONER :-

                T.K. RADHAKRISHNAN
                ELANGICKAL HOUSE, MENAMPALLY, PATHIYOOR P.O.,
                KEERIKAD (VIA), ALLEPPEY DISTRICT,
                (PPO NO.239039811983) NOW RESIDING AT
                BHASKER APARTMENTS, FLAT NO.A1,
                NARAYANAN ASAN ROAD, PONNURUNNI P.O.,
                VYTTILA, KOCHI - 682 019.

                BY ADVS.
                SRI.M.L.SAJEEVAN
                SRI.K.S.ANIL
                SRI.ARUN ANTONY

RESPONDENTS :-

      1         CENTRAL RESERVE POLICE FORCE
                HEAD QUARTERS, NEW DELHI,
                REP BY ITS DIRECTOR, HEAD QUARTERS, NEW DELHI.

      2         DIRECTOR GENERAL OF PENSION
                VEDAN LEKHA KARYALAY,
                CENTRAL RESERVE POLICE FORCE, MAHAVIR NAGAR,
                NEW DELHI - 110 018.

      3         CENTRAL PENSION ACCOUNTING OFFICE
                TRIKOOT - 2, BHIKAJI CAMA PLACE,
                NEW DELHI - 110 066.

      4         DY.DIRECTOR (A/Cs) CRPF
                MAHAVIR NAGAR, TILAK NAGAR P.O.,
                NEW DELHI - 110 018.

      5         DEPUTY INSPECTOR GENERAL OF POLICE
                GROUP CENTER, CENTRAL RESERVE POLICE FORCE,
                HYDERABAD - 500 005.

      6         SENIOR ACCOUNTS OFFICER (PENSION)
                PAY AND ACCOUNTS OFFICE,
                CENTRAL RESERVE POLICE FORCE, MAHAVIR NAGAR,
                NEW DELHI - 110 018.

                BY SRI.P. VIJAYAKUMAR, ASG

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.25235 OF 2020(D)

                                       -: 2 :-


                                  JUDGMENT

Dated this the 27th day of January 2021

This writ petition is filed seeking the following relief :-

"Issue a Writ of Mandamus or any other appropriate Writ, order or direction in the nature of a Mandamus, commanding the respondents to sanction and disburse full pension to the petitioner with arrears from May 2013, with interest."

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 took voluntary retirement on 30.4.1998 while

working as Head Constable in the Central Reserve Police under the

Ministry of Home Affairs. It is stated that at the time of retirement,

the petitioner had more than 32 years of qualifying service. It is

submitted that the respondents had also sanctioned and disbursed the

pensionary benefits due to the petitioner, including commuted value

of pension. However, even though the period of commutation is over,

the petitioner has not been restored with his full pension. The

petitioner has preferred Ext.P4 representation before the 5 th

respondent for restoration of full pension, which was forwarded to the

6th respondent for necessary action.

Having considered the contentions advanced, there will be

a direction to the respondents to take up, consider and pass orders on WP(C).No.25235 OF 2020(D)

Ext.P4 representation preferred by the petitioner, within a period of

six weeks from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/30.1.2021 WP(C).No.25235 OF 2020(D)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PENSION PAYMENT ORDER.

EXHIBIT P2 TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT DT. 11/08/1998.

EXHIBIT P3 TRUE COPY OF THE LETTER DT. 04/02/2012.

EXHIBIT P4 TRUE COPY OF THE LETTER DT. 19/07/2019 (WITH TRUE ENGLISH TRANSLATION).

EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGES OF THE EMPLOYEES PENSION SCHEME 1995.

EXHIBIT P6 TRUE COPY OF GAZETTE NOTIFICATION DT. 20/02/2020.

//TRUE COPY//

P.A. TO JUDGE