Pankajakshan vs The Union Of India
2021 Latest Caselaw 9458 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

     MONDAY, THE 22ND DAY OF MARCH 2021 / 1ST CHAITHRA, 1943

                      WP(C).No.33274 OF 2014(H)


PETITIONER:

               PANKAJAKSHAN, AGED 45 YEARS
               S/O.P.SUKUMARAN, "VISHNU VILASAM",
               VELLIMON P.O., KUNDARA, KOLLAM.

               SMT.K.PUSHPAVATHI
               SMT.LAYA SIMON

RESPONDENTS:

      1        THE UNION OF INDIA
               MINISTRY OF HOME AFFAIRS, REPRESENETED BY ITS
               SECRETARY, NEW DELHI.

      2        THE COMMANDANT, 51, BETTALION,
               CRPF, BANDUAR, UDAYAPUR, TRIPURA

               SMT.O.M.SHALINA, CGC

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD        ON
22.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.33274 OF 2014(H)

                                     2


                                 JUDGMENT

Dated this the 22nd day of March 2021

The petitioner, who is stated to have been working as a

Jawan in the Central Reserve Police Force (CRPF), concedes

that he was removed from service on account of certain

disciplinary misconduct being established against him. The

petitioner also admits that he had challenged the disciplinary

action against him by filing W.P.(C) No.30558/2009, which

culminated in Ext.P2 judgment, which was approved by a

learned Division Bench of this Court through Ext.P3 judgment.

The petitioner says that he has, therefore, approached the

competent Authorities with Exts.P4 and P5 representations,

seeking that he be granted the benefits of pension because his

family is now starving. He thus prays that the said

representations be directed to be taken up and disposed of by

the competent respondent within a time frame time to be fixed

by this Court.

2. In response, Smt.O.M.Shalina, learned Central

Government Counsel, submitted that a counter affidavit has

been filed on behalf of the respondents in this matter, wherein,

the nature of the allegations against the petitioner has been

explained in detail, as also the manner in which he was WP(C).No.33274 OF 2014(H)

removed from service. She submitted that since the

petitioner's removal from service has already been granted

imprimatur by this Court, the petitioner cannot seek monthly

pension or other monetary benefits as per Rule 41 of the CCS

(Pension) Rules, 1972. She, therefore, prayed that this writ

petition be dismissed.

3. I find substantial force in the submissions of

Smt.O.M.Shalina because, since the petitioner has been

removed from service, obviously, as per the provisions of Rule

41 of the CCS (Pension) Rules, he would not be entitled to be

any monetary benefits and all of them would stand forfeited.

4. I am, however, of the view that if the petitioner is

seriously in penury and requires any assistance based on such

factor, he will have to approach the competent Authority

appropriately for compassionate allowance; for which purpose,

I leave liberty to him to pursue such course appropriately, if he

is so interested.

With the afore observation, this writ petition is

dismissed.

Sd/- DEVAN RAMACHANDRAN

Stu JUDGE WP(C).No.33274 OF 2014(H)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER OF DISMISSAL ISSUED BY THE 2ND RESPONDENT DATED 21.01.2003

EXHIBIT P2 TRUE COPY OF THE JUDGMENT OF THE HONOURABLE HIGH COURT OF KERALA IN WP(C) NO.30558/2009 DATED 28.10.2009.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT OF THE HONOURABLE HIGH COURT OF KERALA IN WRIT APPEAL 985/2010 DATED 28.01.2014

EXHIBIT P4 TRUE COPY OF THE REPRESENETATION WITH POSTAL RECEIPT DATED 07.08.2014 BEFORE THE 1ST RESPONDENT

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION WITH POSTAL RECEIPT DATED 07.08.2014 BEFORE THE 2ND RESPONDENT.

RESPONDENT'S EXHIBITS:

EXHIBIT R1(A) TRUE COPY OF MEDICAL REPORT DATED 15/12/2002 ISSUED BY THE MEDICAL OFFICER, CIVIL HOSPITAL, AHMEDABAD.

EXHIBIT R1(B) TRUE COPY OF MEMORANDUM OF CHARGE NO.

P.VIII/03-51-EC-II DATED 21/01/2003 ISSUED BY COMMANDANT , 51 BN. CRPF.

EXHIBIT R1(C) TRUE COPY OF ORDER NO. P.VIII.I/03-51/EC-

II DATED 26/03/2003 ISSUED BY COMMANDANT, 51 BN CRPF.

EXHIBIT R1(D) TRUE COPY OF RELEVANT PAGE OF RULE 28 OF CRPF RULES, 1955.