Aicpmf Ex-Servicemen Welfare ... vs Union Of India
2021 Latest Caselaw 21259 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE SUNIL THOMAS
         FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
                         WP(C) NO. 29773 OF 2013
PETITIONER/S:

              ALL INDIA CENTRAL PARAMILITARY FORCES
              EX-SERVICEMEN WELFARE ASSOCIATION
              REPRESENTED BY ITS GENERAL SECRETARY, P.S. NAIR, S/40,
              SANKAR NAGAR, CHINNAKADA, KOLLAM, KERALA-691001.

              BY ADVS.
              SRI.JOHN T.PAUL
              SMT.REJITHA RAJAN



RESPONDENT/S:

     1       UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF
             HOME AFFAIRS, NOWTH BLOCK, NEW DELHI-110001.

     2       DIRECTO (RPERSONNEL), MINISTRY OF HOME AFFAIRS, POLICE
             DIVISION-II, NORTH BLOCK, NEW DELHI-110001.

     3       THE SECRETARY, MINISTRY OF DEFENCE,NORTH BLOCK,
             NEW DELHI-110001.

     4       THE DIRECTOR GENERAL OF RESETTLEMENT
             WEST BLOCK-4, R.K. PURAM, RESETTLEMENT AND WELFARE
             DIRECTORATE, NEW DELHI-110066.

     5       DEPARTMENT OF PERSONNEL AND TRAINING
             REPRESENTED BY THE SECRETARY, MINISTRY OF PERSONNEL,
             PUBLIC GRIEVANCES AND PENSIONS, NORTH BLOCK,
             NEW DELHI-110001.

     6       DIRECTOR GENERAL-BORDER SECURITY FORCE
             10, CGO COMPLEX, LODHI ROAD, NEW DELHI-110003.

     7       DIRECTOR GENERAL- INDO-TIBETAN BOARDER POLICE
             2, CGO COMPLEX, LODHI ROAD, NEW DELHI-110003.
 WP(C) NO. 29773 OF 2013               2

    8       DIRECTOR GENERAL-SASHASTRA SEEMA BAL
            FORCE HEAD QUARTERS, BLOCK-V, R.K. PURAM, NEW
            DELHI-110066.

    9       DIRECTOR GENERAL -CENTRAL RESERVE POLICE FORCE
            1CGO COMPLEX, LODHI ROAD, NEW DELHI-110003.

   10       DIRECTOR GENERL-CENTRAL INDUSTRIAL SECURITY FORCE
            13, CGO COMPLEX, LODHI ROAD, NEW DELHI-110003.

   11       STATE OF KERALA
            REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
            SECRETARIAT, THIRUVANANTHAPURAM-695001.

   12       THE CHAIRMAN
            KERALA PUBLIC SERVICE COMMISSION, PATTOM,
            THIRUVANANTHAPURAM-695004.

            BY ADVS.
            SRI.T.SANJAY, CGC
            SMT.O.M.SHALINA, CGC



OTHER PRESENT:

            GP V.VENUGOPAL

            SC,P.C SASIDHARAN

            CGC O.M.SHALINA




     THIS     WRIT   PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION    ON   29.10.2021,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 29773 OF 2013            3



                          JUDGMENT

The writ petitioner which is the All India Central

Paramilitary Forces Ex-Servicemen Welfare Association,

represented by its General Secretary, has approached this

court lamenting that the various benefits extended to the

other Armed Forces of the Union like Army, Navy and Air

Force are not extended to ex-servicemen,

widows/dependants and serving personnel of Armed Forces

of the Union of India under the Ministry of Home Affairs viz,

Border Security Force (BSF). Sashastra Seema Bal (SSB),

Indo Tibetan Border Police (ITBP), Central Reserve Police

Force (CRPF) and Central Industrial Security Force (CISF)

etc. The prayers sought in the writ petition is as follows;

(i) Declare that All the Armed Force of the Union are entitled for equal benefits.

(ii) Issue a writ of mandamus or any direction or order to the respondents, to include the Ex- Armed Forces Personnel under the Ministry of Home Affairs in the definition of Ex-Servicemen or alternatively grant similar benefits at par

with Ex-Servicemen.

(iii) Issue a writ of mandamus or any other appropriate writ, direction or order, directing 1 st respondent to delete the word 'police' from Exhibits P-6 Office Memorandum.

(iv) Issue a writ of mandamus or any other appropriate writ, direction or order, directing 12th respondent, KPSC to stop the weightage system and follow the percentage of reservation to ex-servicemen as permitted by law.

3. Heard the learned counsel for the petitioner and

the learned CGC.

4 Evidently, the reliefs sought by the petitioner are

omnibus reliefs, without specifying what exactly are the

benefits extended to various categories of Armed Forces and

other CAPF. It is also not clear whether the same reliefs are

already extended to the serving personnel of such forces.

Essentially, the Defence Forces, namely., Army, Navy and

Air Force are governed by separate statutes. The other

paramilitary and police forces whether armed or unarmed,

are also governed by independent statutes, directions or

Regulations. The duties and functions of Defence services

are totally different and distinct from the other paramilitary

and police forces. It is impracticable and not possible also to

compare them at par with each other, and are constituted

for distinct and specific purposes. The Armed Forces are

specifically constituted for defending the country against

external aggression whereas, others are constituted for

aiding the civil authorities in case of internal disturbances,

threat and problems.

5. Having considered these facts, I feel that the

general omnibus directions as sought in the writ petition

cannot be granted, though, the object of seeking such

reliefs may be laudable. That does not compel this court to

issue directions to the respondents, which are essentially

within the domain of policy decision of the exclusive. Having

considered this, I am not inclined to grant the relief sought

by the petitioner. It seems that an identical view has been

taken by another bench of this court in

W.P.(C)No.2036/2014. Writ Petition is accordingly disposed

of.

Sd/-

SUNIL THOMAS, JUDGE R.AV

APPENDIX OF WP(C) 29773/2013

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE RELEVANT PORTION OF THE BSF ACT AND CRPF ACT.

EXHIBIT P2 TRUE COPY OF THE EX-SERVICE MEN (RE-

EMLOYMENT IN CSS AND POSTS) RULES 1979.

EXHIBIT P3 TRUE COPY OF THE LETTER NO. 9/54/74 ESTT/EP-77 DATED 24-6-1976.

EXHIBIT P4 TRUE COPY OF THE LETTER NO. W.V-1/82 ADM. II (SEL) FP. IV DATED 30-6-1983.

EXHIBIT P5 TRUE COPY OF THE LETTER NO. I 45024/V/85-ADM/ITBP/FP-II DATED 2-7-1985.

EXHIBIT P6 TRUE COPY OF THE OFFICE MEMORANDUM NO.

27011/100/2012-R & W DATED 23-11-2012.

EXHIBIT P7 TRUE COPY OF THE GAZETTE NOTIFICATION NO. 1/49/95-PER DATED 30-5-2013.

EXHIBIT P8 TRUE COPY OF THE NOTIFICATION NO.

COI/DMN/EST/MAG/FORCES 17/2013-14/160 DATED 5-6-2013.

EXHIBIT P9 TRUE COPY OF THE NOTIFICATION NO.

DNH/DS/(H) EX-CAPF/14/2013/196 DATED 10-7-2013.

EXHIBIT P10 THE CLARIFICATION F. NO. 24021/74/2004 PC DATED 6-8-2004.

EXHIBIT P11 TRUE COPY OF THE LETTER NO.

27011/100/2007-RW DATED 17-7-2009.

EXHIBIT P12 TRUE COPY OF THE LETTER NO.

27011/100/2012/R&W DATED 29-6-2013.

EXHIBIT P13 TRUE COPY OF THE REPLY TO THE DELEGATYION BEFORE THE HOME MINISTER NO. 27011/12/2010 R & W DATED 7-9-2010.

EXHIBIT P14 TRUE COPY OF THE HEADLINES APPEARED ON THE MALAYALA MANORAMA DAILY ON 23-10-2013.

EXHIBIT P15 TRUE COPY OF THE REPRESENTATION DATED 9-1-13

EXHIBIT P16 TRUE COPY OF THE REPRESENTATION BEFORE THE CENTRAL GOVERNMENT DATYED 27-8-2013.