G. Thankachan vs The Union Of India
2021 Latest Caselaw 14641 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                  THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

         WEDNESDAY, THE 14TH DAY OF JULY 2021 / 23RD ASHADHA, 1943

                             WP(C) NO. 1445 OF 2018

PETITIONER:

               G. THANKACHAN
               AGED 56 YEARS
               S/O. LATE P. GEEVARGHESE,AGED 56 YEARS, HOUSE
               NO.TC/14/1438,VIGNESWARA LANE, P.O. THYCAUD,MUSEUM POLICE
               STATION, THIRUVANANTHAPURAM - 695 014.

               BY ADVS.
               SRI.B.HARISH KUMAR
               SMT.O.A.NURIYA
               SMT.K.R.RENJU



RESPONDENTS:

     1         THE UNION OF INDIA
               REPRESENTED BY SECRETARY,MINISTRY OF HOME, NEW DELHI - 110 011.

     2         THE SECRETARY MINISTRY OF PERSONAL
               PUBLIC GRIEVANCES AND PENSION,UNION OF INDIA, NORTH BLOCK,NEW
               DELHI - 110 001.

     3         THE DIRECTOR GENERAL OF BSF
               BLOCK NO.10, CGO COMPLEX, LODHI ROAD, NEW DELHI - 110 003.

     4         THE INSPECTOR GENERAL OF BSF
               YELAHANKA, BANGLORE - 560 064.

     5         THE DEPUTY INSPECTOR GENERAL
               BORDER SECURITY FORCE, MUTTATHARA P.O.,
               VALLAKKADAVU,THIRUVANANTHAPURAM - 695 008,KERALA.

               BY ADV SRI.SUVIN R.MENON, CGC




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.07.2021,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 1445 OF 2018

                                        2




                                JUDGMENT

Though the petitioner has made various averments,

allegations and urged several contentions, when this matter was

called today, his learned counsel - Smt.Anjali Joseph, confined her

plea that the representation made by her client, namely Ext.P10, be

directed to be taken up and disposed of by the competent Authority

at the earliest. She submitted that her client is confident that if

Ext.P10 is properly disposed of, he would obtain relief; and

therefore, prayed that this Court direct the competent Authority to

do so within a time frame to be fixed, particularly because this

matter has been pending for the last more than three years.

2. The learned Central Government Counsel, Sri.Suvin R.

Menon, submitted that there is no legal impediment in Ext.P10

representation being taken up and disposed of; but prayed that this

Court may not make any affirmative declarations as to the

entitlement of the petitioner to any relief and leave it to the

competent Authority to take a decision on it in terms of law.

Taking note of the afore, I allow this writ petition to the extent

of directing the 3rd respondent to take up Ext.P10 representation of WP(C) NO. 1445 OF 2018

the petitioner and dispose of the same, after affording him an

opportunity of being heard through videoconferencing, thus

culminating in an appropriate order thereon, as expeditiously as is

possible but not later than four months from the date of receipt of a

copy of this judgment.

SD/-

DEVAN RAMACHANDRAN JUDGE rp WP(C) NO. 1445 OF 2018

APPENDIX OF WP(C) 1445/2018

PETITIONER'S EXHIBITS:

EXHIBIT P1. TRUE COPY OF THE OFFICE MEMORANDUM RELATING TO THE INTRODUCTION OF THE ACP DATED 9.8.1999

EXHIBIT P2. TRUE COPY OF THE MEMORANDUM CONTAINING THE MODIFIED CAREER PROGRESSION SCHEME

EXHIBIT P3. TRUE COPY OF THE BIO DATA OF THE PETITIONER WHEN HE WAS WORKING IN THE BORDER SECURITY FORCE

EXHIBIT P4. TRUE COPY OF THE CERTIFICATE ISSUED BY THE CONSULATE GENERAL OF INDIA, JALALBAD, DATED 26.6.2003

EXHIBIT P5. TRUE COPY OF THE CERTIFICATE ISSUED BY THE HEAD OF CHANCERY AND CONSUL (PASSPORT), CONSULATE GENERAL OF INDIA, FRANKFURT, GERMANY DATED 18.8.2008

EXHIBIT P6. TRUE COPY OF THE COMMUNICATION DATED 11.5.2011 ISSUED BY THE SECTION OFFICER, PERSONAL

EXHIBIT P7. TRUE COPY OF THE LETTER DATED 2.6.2017 OF THE 5TH RESPONDENT

EXHIBIT P8. TRUE COPY OF THE SALARY STATEMENT OF THE PETITIONER FOR THE MONTH OF JULY, 2017

EXHIBIT P9. TRUE COPY OF THE TRUE COPY OF THE PENSION PAYMENT ORDER OF THE PETITIONER

EXHIBIT P10. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE RESPONDENTS DATED 21.6.2017

RESPONDENT'S EXHIBITS:

EXHIBIT R5(A) TRUE COPY OF THE OM DATED 09.08.1999 REFERENCE IS MADE TO CONDITION NO.4 OF ANNEXURE I ISSUED BY THE DEPARTMENT OF PERSONNEL AND TRAINING. WP(C) NO. 1445 OF 2018

EXHIBIT R5(B) TRUE COPY OF THE EXTRACT OF ENTRY MADE IN SERVICE RECORD REGARDING HIS UNWILLINGNESS TO UNDERGO THE PRE-PROMOTION CADRE AT RELEVANT TIME.

EXHIBIT R5(C) TRUE COPY OF THE LETTER DATED 22ND SEPTEMBER, 2014 ISSUED BY THE MINISTRY OF HOME AFFAIRS.

EXHIBIT R5(D) TRUE COPY OF THE SECOND FINANCIAL UP-GRADATION IN THE PAY BAND PB-I (5200-20200) WITH GRADE PAY RS.2800/- AS PER SHQ BSF UDAIPUR ORDER NO. ESTT/SHQ/03/10/11329-31 DATED 19.08.2010.

EXHIBIT R5(E) TRUE COPY OF THE THIRD FINANCIAL UP-GRADATION UNDER MACP SCHEME ON 25.07.2013 IN THE PAY BAND PB-2 9300-34800) WITH GRADE PAY RS.4200/-