C.Varadharajan vs The Director General
2021 Latest Caselaw 18396 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE SUNIL THOMAS
    TUESDAY, THE 7TH DAY OF SEPTEMBER 2021 / 16TH BHADRA, 1943
                        WP(C) NO. 14040 OF 2021
PETITIONER/S:


          C.VARADHARAJAN, AGED 61 YEARS
          ASSISTANT COMMANDANT/JAO RETIRED, (FORMERLY OF CISF
          UNIT VSSC THUMBA, THIRUVANANTHAPURAM, KERALA),
          PRESENTLY RESIDING AT HOUSE NO. 19/12 A, KATTAIKKADU
          VILLAGE, AMMANDIVILLAI P.O, KANYAKUMARI DISTRICT,
          TAMILNADU STATE, PIN - 629204.

          BY ADVS.
          T.SANJAY
          SANIL KUMAR G.
          MIDHUN R.


RESPONDENT/S:

    1     THE DIRECTOR GENERAL CENTRAL INDUSTRIAL SECURITY FORCE,
          CISF HEAD QUARTERS, 13 CGO COMPLEX, LODHI ROAD,
          NEW DELHI - 110003.

    2     THE INSPECTOR GENERAL/CISF, DAE & DOS HEAD QUARTERS,
          CGO COMPLEX, LODHI ROAD, NEW DELHI, PIN - 110003.

    3     THE DEPUTY INSPECTOR GENERAL/CISF, DOS HEAD QUARTERS,
          ANTARIKSH BHAVAN, NEW BEL ROAD, BANGALORE, KARNATAKA -
          560094.

    4     THE COMMANDANT, CENTRAL INDUSTRIAL SECURITY FORCE CISF
          UNIT VSSC THUMBA, THIRUVANANTHAPURAM, KERALA,
          PIN - 695022.

    5     THE REGIONAL PAY & ACCOUNTS OFFICER, CENTRAL INDUSTRIAL
          SECURITY FORCE, 3RD FLOOR, "D" WING, RAJAJI BHAVAN,
          BASANT NAGAR, CHENNAI, PIN - 600090.

    6     THE CHIEF CONTROLLER (PENSION), CENTRAL PENSION
          ACCOUNTING OFFICE, MINISTRY OF FINANCE, DEPARTMENT, OF
          EXPENDITURE TRIKOOT-II,BHIKAJI CAMA PLACE,
          NEW DELHI - 110066.
 WP(C) NO. 14040 OF 2021
                                       2



     7     UNION OF INDIA, REPRESENTED BY THE SECRETARY TO
           GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NEW
           DELHI, PIN - 110003.

           BY ADV O.M.SHALINA

           ADV.T.V.VINU CGC


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   07.09.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 14040 OF 2021
                                       3



                              JUDGMENT

The grievance of the petitioner is regarding the anomaly

consequent to the pay fixation by Ext.P1 office

memorandum. Ext.P4 representation was submitted by him

before the Director General, CISF Head Quarters, who is the

first respondent herein. The learned CGC on instructions

submitted that the issue arose out of the two O.Ms issued,

regarding which some confusion have arisen. Identical

representations have also been received from various

quarters. Hence the authorities have sought opinion from

the Central Government, which is awaited. Since it is

expected that final decision can be taken pursuant to advice

from the Ministry of Finance, Government of India, the

learned counsel seeks atleast three months time for taking

final decision. Accordingly, I am inclined to dispose of the

Writ Petition itself, by directing the first respondent to take

up and consider Ext.P4 representation in accordance with

law, as expeditiously as possible, at any rate, within a period WP(C) NO. 14040 OF 2021

of three months from the date of receipt of a copy of this

judgment. It is made clear that if for any reason, the

decision of the Ministry of Finance is not received within

three months, there will be an automatic extension of time

for disposed of Ext.P4 by one more month.

Writ Petition is disposed of.

Sd/-

SUNIL THOMAS, JUDGE R.AV WP(C) NO. 14040 OF 2021

APPENDIX OF WP(C) 14040/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF MINISTRY OF FINANCE, OFFICE MEMORANDUM NO.4-21/2017-IC - E-IIIA DATED 28.11.2019.

Exhibit P2 TRUE COPY OF COMPARATIVE PAY FIXATION STATEMENT DATED 30.03.2021.

Exhibit P3 TRUE COPY OF APPLICATION DATED 24.08.2020 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT.

Exhibit P4 TRUE COPY OF REPRESENTATION DATED 27.08.2020 PREFERRED BY THE PETITIONER.

Exhibit P5 TRUE COPY OF COMMUNICATION DATED 16.11.2020 SUBMITTED BY THE PETITIONER.

Exhibit P6 TRUE COPY OF LAST PAY DRAWN STATEMENT DATED 04.01.2021 IN RESPECT OF THE PETITIONER.

Exhibit P7 TRUE COPY OF PENSION PAYMENT ORDER DATED 06.05.2021 IN RESPECT OF THE PETITIONER.

Exhibit P8 TRUE COPY OF COMMUNICATION NO.E-

27015/CISF/VSSC/P FIX/DOC/2021/621 DATED 05.08.2021 SENT BY THE 4TH RESPONDENT.