Kerala High Court
B.Sreekumar @ Sreekumaran Nair vs The Director General on 14 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
TUESDAY, THE 14TH DAY OF SEPTEMBER 2021 / 23RD BHADRA, 1943
WP(C) NO. 18839 OF 2021
PETITIONER:
1 B.SREEKUMAR @ SREEKUMARAN NAIR,
AGED 51 YEARS
S/O.BALAKRISHNAN, EX.CONSTABLE (NO.88243584),
48 BN BSF, STCBSF, BANGALORE,
NOW RESIDING AT SOORYA BAHVAN, KARODE P.O.,
THIRUVANANTHAPURAM-695 506, KERALA.
BY ADVS.
P.R.JAYAKRISHNAN
R.REJI KUMAR
PRADEEP KRISHNA
SEENA S. NAIR
MANOJ K.S.
RESPONDENTS:
1 THE DIRECTOR GENERAL,
BORDER SECURITY FORCE, (MINISTRY OF HOME AFFAIRS,
GOVERNMENT OF INDIA), BSF HEADQUARTERS, 10,
CGO COMPLEX, LODI ROAD, NEW DELHI-110 003.
2 THE DEPUTY INSPECTOR GENERAL,
39 BN BSF, STCBSF, YALAHANKA, BANGALORE-560 063.
3 UNION OF INDIA,
REPRESENTED BY THE SECRETARY, MINISTRY OF HOME
AFFAIRS, NORTH BLOCK, NEW DELHI-110 001.
4 THE SECRETARY (PENSION),
DEPARTMENT OF PENSION & PENSIONERS' WELFARE,
JANPATH BHAWAN, B WING, 8TH FLOOR,
NEW DELHI-110 001.
5 THE DIRECTOR (PW),
DEPARTMENT OF PENSION & PENSIONERS' WELFARE,
WP(C) No.18839 of 2021
2
JANPATH BHAWAN, B WING, 8TH FLOOR,
NEW DELHI-110 001.
BY ADV.SRI.P.VIJAYAKUMAR, ASG
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.09.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.18839 of 2021
3
JUDGMENT
Dated this the 14th day of September, 2021
The petitioner herein joined the service of the first
respondent on 06.12.1988 as a constable. While on duty
in Srinagar, he sustained injuries in a grenade attack. He
claims that he has suffered a disability of 58% which
according to him, has to be reckoned as 75% by virtue of
2011 amendment in Rules of CCS (Extraordinary Pension)
Rules, 1939. Seeking his benefits, he has submitted
Ext.P9 representation before the first respondent. The
grievance of the petitioner is that his representation
claiming disability pension has not been considered
favourably even now.
2. After hearing the learned Counsel for the
petitioner and the learned Assistant Solicitor General of
India for respondents, I am inclined to dispose of the Writ
Petition itself with a direction to the first respondent to
take up Ext.P9 representation and to dispose it of on
merits, in the light of S.O. No.410(E) dated 15.12.2011
WP(C) No.18839 of 2021
of the Ministry of Personnel, Public Grievances and
Pensions produced along with the Writ Petition as Ext.P4,
as expeditiously as possible and, at any rate, within a
period of three months from the date of receipt of a copy
of this judgment, with a reasonable opportunity of being
heard to the petitioner physically and if not possible, by
virtual mode. The learned Counsel for the petitioner may
also place a copy of the Writ Petition before the first
respondent for reference.
The Writ Petition is accordingly, disposed of.
Sd/-
SUNIL THOMAS
JUDGE
SKP/14-9
WP(C) No.18839 of 2021
APPENDIX OF WP(C) 18839/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF CERTIFICATE DATED NIL
ISSUED BY SURGEON, 48 BN BSF.
EXHIBIT P2 THE TRUE COPY OF CERTIFICATE DATED 09-
08-2003 ISSUED BY THE PRESIDING OFFICER,
48 BN BSF, STCBSF, BANGALORE.
EXHIBIT P3 THE TRUE COPY OF ORDER DATED 28.02.2004
ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P4 THE TRUE COPY OF NOTIFICATION DATED
15.02.2011 ISSUED BY THE DEPARTMENT OF
PENSION & PENSIONERS' WELFARE.
EXHIBIT P5 TRUE COPY OF OM DATED 29.04.2016 BY
DEPARTMENT OF PENSION AND PENSIONERS'
WELFARE, GOVERNMENT OF INDIA.
EXHIBIT P6 TRUE COPY OF OM DATED 28.07.2020 ISSUED
BY DEPARTMENT OF PENSION AND PENSIONERS'
WELFARE, GOVERNMENT OF INDIA.
EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED
07.07.2006 IN WPC NO.17189/2005 OF
HON'BLE HIGH COURT AT DELHI.
EXHIBIT P8 TRUE COPY OF JUDGMENT DATED 31.08.2021
IN WPC NO.17462/2021 OF THE HON'BLE HIGH
COURT OF KERALA.
EXHIBIT P9 TRUE COPY OF REPRESENTATION DATED
12.08.2021 SUBMITTED BEFORE THE 1ST
RESPONDENT BY THE PETITIONER.
RESPONDENTS EXHIBITS: NIL
TRUE COPY
P.A. TO JUDGE
