K.Baby vs Government Of India
2021 Latest Caselaw 13804 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        FRIDAY, THE 2ND DAY OF JULY 2021 / 11TH ASHADHA, 1943
                       WP(C) NO. 25883 OF 2015
PETITIONER:

           K.BABY, S/O.KOCHUKUNJU,
           RESIDING AT EBENEZER VILLA, (KOYIPPAD HOUSE)
           PUTHIYEDATH, CHATHANNOOR, KOLLAM DISTRICT, KERALA.

           BY ADVS.
           SRI.C.RAJENDRAN
           SRI.K.R.RANJITH
           SMT.R.S.SREEVIDYA



RESPONDENTS:

    1      GOVERNMENT OF INDIA
           MINISTRY OF HOME AFFAIRS, DIRECTORATE GENERAL,BOARDER
           SECURITY FORCE (PAY AND ACCOUNTS DIVISION),PENSION
           SECTION, PUSHPA BHAVAN, NEW DELHI -110 062.

    2      THE DIRECTOR GENERAL
           BOARD OF SECURITY FORCE, NORTH BLOCK, NEW DELHI-110
           001.

    3      THE COMMANDANT NO. SQRS 42BNBSF
           SAGAR ROAD P.O., BIKANER, RAJASTHAN -334 001.

           BY ADV SRI.T.V.VINU, CGC




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 25883 OF 2015

                               2


                           JUDGMENT

When this matter was called today, the learned Central

Government Counsel submitted that the issues impelled in

this writ petition have been answered by the Hon'ble

Supreme Court against the petitioner in Union of India v.

Surendran Nair [(2001) 4 SCC 309], holding that employees

who have resigned after completing qualifying service of ten

years but before completing qualifying service of 20 years,

are not entitled to get any pension under the provisions of

CCS (Pension) Rules.

There is no appearance for the petitioner but am of the

view that since the Hon'ble Supreme Court has covered the

issues in this case affirmatively, it would not be necessary for

this Court to keep this writ petition pending any further.

In such circumstances, following the judgment of

Hon'ble Supreme Court in Surendran Nair (supra), I close

this writ petition without any further orders.

Sd/- DEVAN RAMACHANDRAN JUDGE STU WP(C) NO. 25883 OF 2015

APPENDIX OF WP(C) 25883/2015

PETITIONER EXHIBITS:

EXHIBIT P1 A TRUE PHOTOCOPY OF THE LETTER DATED 06.04.1983

Exhibit P2 A TRUE PHOTOCOPY OF THE SAID LETTER DATED 01.01.1997

Exhibit P3 A TRUE PHOTOCOPY OF THE LAWYER'S NOTICE DATED 01.12.2011

Exhibit P4 A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 15.05.2015 TO THE 1ST RESPONDENT

RESPONDENTS' EXHIBITS:

Exhibit R3(A) TRUE COPY OF ORDER NO.

ESTT/RESIGNATION/83/2738 DATED 08.04.1983.

Exhibit R3(B) TRUE PHOTOCOPY OF SERVICE PARTICULARS SIGNED BY UNIT COMMANDANT ON 17.04.1997.

Exhibit R3(C) TRUE COPY OF LETTER DATED 01.01.1997.

Exhibit R(D) TRUE COPY OF THE ORDER NO. 24/1/95-

PERS/BSF DATED 27.12.1995.

Exhibit R3(E) TRUE COPY OF LETTER DATED 31.01.1997.

Exhibit R3(F) TRUE COPY OF LETTER /L.NO. PAD/MISC/20/T-

126(42)/PN-II/BSF/DATED NIL OF THE PAY AND ACCOUNTS DIVISION, BSF.

Exhibit R3(G) TRUE COPY OF THE LETTER DATED 16.06.1997.

Exhibit R3(H) TRUE COPY OF REPRESENTATION DATED 15.05.2015 OF THE PETITIONER.

Exhibit R3(I) TRUE COPY OF THE LETTER DATED 25.08.2015.