P. Raju Pillai vs The Director General/Central ...
2021 Latest Caselaw 20209 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE SUNIL THOMAS
    WEDNESDAY, THE 29TH DAY OF SEPTEMBER 2021 / 7TH ASWINA, 1943
                        WP(C) NO. 16755 OF 2021
PETITIONER/S:

     1     V.K.RAMACHANDRAN NAIR, AGED 59 YEARS
           CISF NO.894350034, SUB INSPECTOR/EXE, CISF UNIT COCHIN
           PORT TRUST, PRESENTLY RESIDING AT DLB QUARTERS NO.D-
           III/10, WELLINGTON ISLAND, COCHIN, KERALA, PIN - 682 003.

     2     HARITHA T.,
           CISF NO.107131218 L.SI/EXE, CISF UNIT COCHIN PORT TRUST,
           D-III/12 DLB COMPLEX, WELLINGTON ISLAND, COCHIN, KERALA,
           PIN - 682 003.

     3     S.S.DEORE,
           CISF NO.913511457 CONST/GD, CISF UNIT COCHIN PORT TRUST,
           CISF COMPLEX C-II/313, WELLINGTON ISLAND COCHIN, KERALA,
           PIN - 682 003.

     4     JAYAKRISHNAN R.,
           CISF NO.092790108, CISF NO.CONSTABLE/GD, RNAS QUARTERS E-
           II/229, WELLINGTON ISLAND COCHIN, KERALA, PIN - 682 003.

     5     AJITH C.,
           CISF NO.107130088, SI/EXE, CISF UNIT COCHIN PORT TRUST,
           C-II/388, CISF COMPLEX, WELLINGTON ISLAND COCHIN, KERALA,
           PIN - 682 003.

     6     KRISHNADAS VAKUTH,
           CISF NO.862110064, ASI/EXE, CISF UNIT COCHIN PORT TRUST,
           C-II/317, CISF COMPLEX, WELLINGTON ISLAND COCHIN, KERALA,
           PIN - 682 003.

     7     P.RADHA,
           CISF NO.874610558, L.ASI/EXE, CISF UNIT COCHIN PORT
           TRUST, C-II/384, CISF COMPLEX, WELLINGTON ISLAND COCHIN,
           KERALA, PIN - 682 003.

     8     K.K.VARKEY, CISF NO.844470573, ASI/EXE, CISF UNIT COCHIN
           PORT TRUST, C-II/383, CISF COMPLEX, WELLINGTON ISLAND
           COCHIN,   KERALA, PIN - 682 003.
 WP(C) NO. 16755 OF 2021 &
WP(C) NO. 17061 OF 2021
                              2

    9    SUNNY VERGHESE
         CISF NO.901407179, HC/GD, CISF UNIT COCHIN PORT TRUST, C-
         II/ 320, CISF COMPLEX, WELLINGTON ISLAND COCHIN, KERALA,
         PIN - 682 003.

    10   K.HARI KUMAR
         CISF UNIT COCHIN PORT TRUST, CISF NO.895022004, HC/GD, C-
         II/318, CISF COMPLEX, WELLINGTON ISLAND COCHIN, KERALA,
         PIN - 682 003.

    11   BHAGHYA RAJ
         CISF NO.931403772, HC/GD, CISF UNIT COCHIN PORT TRUST, C-
         II, 374, CISF COMPLEX, WELLINGTON ISLAND COCHIN, KERALA,
         PIN - 682 003.

    12   TARKESHWAR RAI
         CISF NO.934652953, HC/GD, CISF UNIT COCHIN PORT TRUST, C-
         II/379, CISF COMPLEX, WELLINGTON ISLAND COCHIN, KERALA,
         PIN - 682 003.

    13   PRAMEELA K.C.
         CISF NO.902290822, L.HC/GD, CISF UNIT COCHIN PORT TRUST,
         C-II/315, CISF COMPLEX, WELLINGTON ISLAND COCHIN, KERALA,
         PIN - 682 003.

    14   PADMA KUMAR P.
         CISF NO.922292323, HC/GD, CISF UNIT COCHIN PORT TRUST, C-
         II/322, CISF COMPLEX, WELLINGTON ISLAND COCHIN,
         KERALA, PIN - 682 003.

    15   PIYALI MANNA
         CISF NO.140413146, L.HC/CLK, CISF UNIT COCHIN PORT TRUST,
         C-II/386, CISF COMPLEX, WELLINGTON ISLAND COCHIN, KERALA,
         PIN - 682 003.

    16   D.K.PATELIA
         CISF NO.962290695, HC/GD, CISF UNIT COCHIN PORT TRUST, C-
         II/370, CISF COMPLEX, WELLINGTON ISLAND COCHIN, KERALA,
         PIN - 682 003.
 WP(C) NO. 16755 OF 2021 &
WP(C) NO. 17061 OF 2021
                              3

    17   S.YUVARAJ
         CISF NO.012060166, HC/GD, C-II/366, CISF COMPLEX,
         WELLINGTON ISLAND COCHIN, KERALA, PIN - 682 003.

    18   V.P.RAJAN
         CISF NO.004340331, HC GD, CISF UNIT COCHIN PORT TRUST,
         QRT NO.C II 371, CISF COMPLEX, WELLINGTON ISLAND COCHIN,
         KERALA, PIN - 682 003.

    19   H.K.RAMESHA
         CISF NO.891401726, HC GD CISF UNIT COCHIN PORT TRUST, QRT
         NO.C II 368, CISF COMPLEX, WELLINGTON ISLAND COCHIN,
         KERALA, PIN - 682 003.

    20   SUTAR ANSAR ABDUL
         CISF NO.962291755, HC GD, CISF UNIT COCHIN PORT TRUST,
         QRT NO.C II 362, CISF COMPLEX, WELLINGTON ISLAND COCHIN,
         KERALA, PIN - 682 003.

    21   MATHEW OOMMEN
         CISF NO.864502870, HC GD, CISF UNIT COCHIN PORT TRUST QRT
         NO.C II 385, CISF COMPLEX, WELLINGTON ISLAND COCHIN,
         KERALA, PIN - 682 003.

    22   PRABHU SHANKAR HS
         CISF NO.012050248, HC GD, CISF UNIT COCHIN PORT TRUST QRT
         NO.C II 372, CISF COMPLEX, WELLINGTON ISLAND COCHIN,
         KERALA, PIN - 682 003.

    23   BABU PAUL T.
         CISF NO.89233512, HC GD, CISF UNIT COCHIN PORT TRUST QRT
         NO.C II 375, CISF COMPLEX, WELLINGTON ISLAND COCHIN,
         KERALA, PIN - 682 003.

    24   C.M.PAUL
         CISF NO.923140018, HC GD, CISF UNIT COCHIN PORT TRUST,
         QRT NO.C II 314, CISF COMPLEX, WELLINGTON ISLAND COCHIN,
         KERALA, PIN - 682 003.

    25   NEYAGAPULA RAJU, CISF NO.101510158, CONST/GD, CISF UNIT
         COCHIN PORT TRUST QRT NO.C II 389, CISF COMPLEX,
         WELLINGTON ISLAND COCHIN, KERALA, PIN - 682 003.
 WP(C) NO. 16755 OF 2021 &
WP(C) NO. 17061 OF 2021
                              4



    26   SHIBU R.
         CISF NO.091950420, CONST/GD, CISF UNIT COCHIN PORT TRUST,
         QRT NO.C-II/323, CISF COMPLEX, WELLINGTON ISLAND COCHIN,
         KERALA, PIN - 682 003.

    27   GURUMURTHY RAO D.
         CISF NO.094270529, CT GD, CISF UNIT COCHIN PORT TRUST,
         QRT NO.C-11/373, CISF COMPLEX, WELLINGTON ISLAND COCHIN,
         KERALA, PIN - 682 003.

    28   RAVI SANDI
         CISF NO.102090040, CONST/GD, CISF UNIT COCHIN PORT TRUST,
         QRT NO.C-II/380, CISF COMPLEX, WELLINGTON ISLAND COCHIN,
         KERALA, PIN - 682 003.

    29   PARASHURAM H.
         CISF NO.094380057, CT GD, CISF UNIT COCHIN PORT TRUST,
         QRT NO.C-II/324, CISF COMPLEX, WELLINGTON ISLAND COCHIN,
         KERALA, PIN - 682 003.

    30   LATHEESH T.
         CISF NO.107250300, CTGD, CISF UNIT COCHIN PORT TRUST, QRT
         NO.C II 360, CISF COMPLEX, WELLINGTON ISLAND COCHIN,
         KERALA, PIN - 682 003.

    31   T.SOBIN RAJ
         CISF NO.081520044, CT GD, CISF UNIT COCHIN PORT TRUST,
         QRT NO.C II 319, CISF COMPLEX, WELLINGTON ISLAND COCHIN,
         KERALA, PIN - 682 003.

    32   VIJITH C.
         CISF NO.091680567, CT GD, CISF UNIT COCHIN PORT TRUST,
         QRT NO.C II 378, CISF COMPLEX, WELLINGTON ISLAND COCHIN,
         KERALA, PIN - 682 003.

    33   SYAM BABU GUPTA
         CISF NO.180700589, CT GD, CISF UNIT COCHIN PORT TRUST,
         QRT NO.C II 381, CISF COMPLEX, WELLINGTON ISLAND COCHIN,
         KERALA, PIN - 682 003.
 WP(C) NO. 16755 OF 2021 &
WP(C) NO. 17061 OF 2021
                              5

    34   NAROTTAM, CISF NO.170621928, CT GD, CISF UNIT COCHIN PORT
         TRUST, QRT NO.C II 364, CISF COMPLEX, WELLINGTON ISLAND
         COCHIN, KERALA, PIN - 682 003.

    35   LAGAMMANNA R.
         CISF NO.094500022, RANK CT GD, CISF UNIT COCHIN PORT
         TRUST, QRT NO.C II 377, CISF COMPLEX, WELLINGTON ISLAND
         COCHIN, KERALA, PIN - 682 003.

    36   SANDEEP KUMAR
         CISF NO.170830401, CT GD CISF UNIT COCHIN PORT TRUST, QRT
         NO.C II 321, CISF COMPLEX, WELLINGTON ISLAND COCHIN,
         KERALA, PIN - 682 003.

    37   SANTHOSH P.A.
         CISF NO.024380337, HC GD CISF UNIT COCHIN PORT TRUST QRT
         NO.C I 430, CISF COMPLEX, WELLINGTON ISLAND COCHIN,
         KERALA, PIN - 682 003.

    38   MADDI KUMAR
         CISF NO.092210134, CT GD, CISF UNIT COCHIN PORT TRUST,
         QRT NO.C I 421, CISF COMPLEX, WELLINGTON ISLAND COCHIN,
         KERALA, PIN - 682 003.

    39   Y.N.BUSHANAM
         CISF NO.101510051, CT GD, CISF UNIT COCHIN PORT TRUST,
         QRT NO.C I 427, CISF COMPLEX, WELLINGTON ISLAND COCHIN,
         KERALA, PIN - 682 003.

    40   NOBIN VARGHESE
         CISF NO.104471504, CT GD CISF UNIT COCHIN PORT TRUST, QRT
         NO.C I 419, CISF COMPLEX, WELLINGTON ISLAND COCHIN,
         KERALA, PIN - 682 003.

    41   VIBINDEV V.R.,CISF NO.091950253, RANK CT GD CISF UNIT
         COCHIN PORT TRUST, QRT NO.C I 419, CISF COMPLEX,
         WELLINGTON ISLAND COCHIN, KERALA, PIN - 682 003.

    42   DEMUDU BABU S.
         CISF NO.101780137, CT GD, CISF UNIT COCHIN PORT TRUST,
         QRT NO.C I 425, CISF COMPLEX, WELLINGTON ISLAND COCHIN,
         KERALA, PIN - 682 003.
 WP(C) NO. 16755 OF 2021 &
WP(C) NO. 17061 OF 2021
                              6

    43   SAGAR NAIK
         CISF NO.094380905, CT GD, CISF UNIT COCHIN PORT TRUST,
         QRT NO.C I 418, CISF COMPLEX, WELLINGTON ISLAND COCHIN,
         KERALA, PIN - 682 003.

    44   SHILPESH M.SAIL
         CISF NO.09571109, CT GD, CISF UNIT COCHIN PORT TRUST, QRT
         NO.C I 423, CISF COMPLEX, WELLINGTON ISLAND COCHIN,
         KERALA, PIN - 682 003.

    45   VISHNULAL K.A.
         CISF NO.107250346, CT GD, CISF UNIT COCHIN PORT TRUST,
         QRT NO.C I 433, CISF COMPLEX, WELLINGTON ISLAND COCHIN,
         KERALA, PIN - 682 003.

    46   CH VENKITESHWARRLU
         CISF NO.094640241, RANK CT GD, CISF UNIT COCHIN PORT
         TRUST, QRT NO.C I 431, CISF COMPLEX, WELLINGTON ISLAND
         COCHIN, KERALA, PIN - 682 003.

    47   SREERAMAMURTHY G.
         CISF NO.071025735, RANK CT GD, CISF UNIT COCHIN PORT
         TRUST, QRT NO.C I 420, CISF COMPLEX, WELLINGTON ISLAND
         COCHIN, KERALA, PIN - 682 003.

    48   VIPIN MURALI
         CISF NO.091750042, RANK CT GD, CISF UNIT COCHIN PORT
         TRUST, QRT NO.C I 429, CISF COMPLEX, WELLINGTON ISLAND
         COCHIN, KERALA, PIN - 682 003.

    49   A.N.SALIM
         CISF NO.892299997, HC/GD, E-II/199, RNAS CISF UNIT COCHIN
         PORT TRUST, WELLINGTON ISLAND COCHIN, KERALA,
         PIN - 682 003.

    50   SUPRIYA NAYAK, CISF UNIT COCHIN PORT TRUST, CISF
         NO.944521607, HC/GD, E-II/260, RNAS, CISF UNIT COCHIN
         PORT TRUST, WELLINGTON ISLAND COCHIN, KERALA - 682 003.

    51   BABU D.,CISF NO.894390120, HC/GD, E-II/214, RNAS, CISF
         UNIT COCHIN PORT TRUST, WELLINGTON ISLAND COCHIN,
         KERALA - 682 003.
 WP(C) NO. 16755 OF 2021 &
WP(C) NO. 17061 OF 2021
                              7

    52   H.K.DHRUW
         CISF NO.942295753, HC/GD, E-II/252, RNAS, CISF UNIT
         COCHIN PORT TRUST, WELLINGTON ISLAND COCHIN,
         KERALA - 682 003.

    53   JOSE T.F.
         CISF NO.024370075, HC/GD, E-II/228, RNAS, CISF UNIT
         COCHIN PORT TRUST,WELLINGTON ISLAND COCHIN,
         KERALA - 682 003.

    54   G.SIVA PRASAD
         CISF NO.894652987, HC/GD, C-II/284, RNAS CISF UNIT COCHIN
         PORT TRUST, WELLINGTON ISLAND COCHIN, KERALA - 682 003.

    55   APPALA SATYAM S.
         CISF NO.101780049, CT/GD, E-II/210, RNAS, CISF UNIT
         COCHIN PORT TRUST, WELLINGTON ISLAND COCHIN,
         KERALA - 682 003.

    56   NIKESH CHANDRAN M.V.
         CISF NO.061731989, CT/GD, C-II/332, RNAS, CISF UNIT
         COCHIN PORT TRUST, WELLINGTON ISLAND COCHIN,
         KERALA - 682 003.

    57   NIRANJAN MAHAJAN
         CISF NO.130814124, CT/GD, E-II/209, RNAS, CISF UNIT
         COCHIN PORT TRUST, WELLINGTON ISLAND COCHIN,
         KERALA - 682 003.

    58   S.PRADEEP, CISF NO.974470595, HC/GD, D-I/360, RNAS, CISF
         UNIT COCHIN PORT TRUST, WELLINGTON ISLAND COCHIN, KERALA
         - 682 003.

    59   A.ANANDAN, CISF NO.014770027, HC/GD, E-I/337, RNAS, CISF
         UNIT COCHIN PORT TRUST, WELLINGTON ISLAND COCHIN,
         KERALA - 682 003.

    60   SRINIVASU TANI
         CISF NO.004500368, HC/GD, E-I/344, RNAS, CISF UNIT COCHIN
         PORT TRUST, WELLINGTON ISLAND COCHIN, KERALA - 682 003.
 WP(C) NO. 16755 OF 2021 &
WP(C) NO. 17061 OF 2021
                              8



    61   NISHANTH A., CISF NO.024820066, HC/GD, D-I/411, RNAS,
         CISF UNIT COCHIN PORT TRUST, WELLINGTON ISLAND COCHIN,
         KERALA - 682 003.

    62   MANESH KRISHNAN
         CISF NO.077281157, CT/GD, E-I/412, RNAS, CISF UNIT COCHIN
         PORT TRUST, WELLINGTON ISLAND COCHIN, KERALA - 682 003.

    63   SREE KUMAR J.S.
         CISF NO.091750149, CT/GD, E-1/404, RNAS, CISF UNIT COCHIN
         PORT TRUST, WELLINGTON ISLAND COCHIN, KERALA - 682 003.

    64   MICHAEL A.C.
         CISF NO.091680798, CT/GD, E-I/406, RNAS, CISF UNIT COCHIN
         PORT TRUST, WELLINGTON ISLAND COCHIN, KERALA - 682 003.

    65   SRINIVAS DUMMANI
         CISF NO.061737248, CT/GD, E-I/338, RNAS, CISF UNIT COCHIN
         PORT TRUST, WELLINGTON ISLAND COCHIN, KERALA - 682 003.

    66   NISHANTH P.
         CISF NO.104473122, CT/GD, E-I/354, RNAS, CISF UNIT COCHIN
         PORT TRUST, WELLINGTON ISLAND COCHIN, KERALA - 682 003.

    67   S.B.NAIR
         CISF NO.101500391, CT/GD, E-I/326, RNAS, CISF UNIT COCHIN
         PORT TRUST, WELLINGTON ISLAND COCHIN, KERALA - 682 003.

    68   SUJITH S.
         CISF NO.101340771, CT/GD, E-I/343, RNAS, CISF UNIT COCHIN
         PORT TRUST, WELLINGTON ISLAND COCHIN, KERALA - 682 003.

    69   M.JOTHIENDRAN
         CISF NO.095271330, CT/GD, E-I/385, RNAS, CISF UNIT COCHIN
         PORT TRUST, WELLINGTON ISLAND COCHIN, KERALA - 682 003.

    70   SANDEEP S.
         CISF NO.091680451, CT/GD, E-I/353, RNAS, CISF UNIT COCHIN
         PORT TRUST, WELLINGTON ISLAND COCHIN, KERALA - 682 003.
 WP(C) NO. 16755 OF 2021 &
WP(C) NO. 17061 OF 2021
                              9

    71   RAJALINGAN G.
         CISF NO.091950378, CT/GD, E-I/383, RNAS, CISF UNIT COCHIN
         PORT TRUST, WELLINGTON ISLAND COCHIN, KERALA - 682 003.

    72   RAMESH CHOUGLE
         CISF NO.094500332, CT/GD, E-I/377, RNAS, CISF UNIT COCHIN
         PORT TRUST, WELLINGTON ISLAND COCHIN, KERALA - 682 003.

    73   BALASUBRAMANIAN
         CISF NO.091950323, CT/GD, E-I/416, RNAS, CISF UNIT COCHIN
         PORT TRUST, WELLINGTON ISLAND COCHIN, KERALA - 682 003.

    74   SEKHAR K., CISF NO.104700202, CT/GD, E-I/375, RNAS, CISF
         UNIT COCHIN PORT TRUST, WELLINGTON ISLAND COCHIN,
         KERALA - 682 003.

    75   UNNIKUTTAN C.
         CISF NO.102850318, CT/GD, E-I/400, RNAS, CISF UNIT COCHIN
         PORT TRUST, WELLINGTON ISLAND COCHIN, KERALA - 682 003.

    76   UDAY KIRAN V.
         CISF NO.101780085, CT/GD, E-I/408, RNAS, CISF UNIT COCHIN
         PORT TRUST, WELLINGTON ISLAND COCHIN, KERALA - 682 003.

    77   NIKHIL RAJ M.
         CISF NO.101500753, CT/GD, E-I/399, RNAS, CISF UNIT COCHIN
         PORT TRUST, WELLINGTON ISLAND COCHIN, KERALA - 682 003.

    78   SREEKANTH P.,
         CISF NO.107250559, CT/GD, E-I/398, RNAS, CISF UNIT COCHIN
         PORT TRUST, WELLINGTON ISLAND COCHIN, KERALA - 682 003.

    79   SURESH SAVARA,
         CISF NO.09580222, CT/GD, E-I/414, RNAS, CISF UNIT COCHIN
         PORT TRUST, WELLINGTON ISLAND COCHIN, KERALA - 682 003.

    80   ANURAG T.R.NAIR,
         CISF NO.104471513, CT/GD, E-I/363, RNAS, CISF UNIT COCHIN
         PORT TRUST, WELLINGTON ISLAND COCHIN, KERALA - 682 003.
 WP(C) NO. 16755 OF 2021 &
WP(C) NO. 17061 OF 2021
                             10

    81   ANOOP KUMAR G.V., CISF NO.104471489, CT/GD, E-I/394,
         RNAS, CISF UNIT COCHIN PORT TRUST, WELLINGTON ISLAND
         COCHIN, KERALA - 682 003.

    82   T.JEGAN
         CISF NO.091950314, CT/GD, E-I/388, RNAS, CISF UNIT COCHIN
         PORT TRUST, WELLINGTON ISLAND COCHIN, KERALA - 682 003.

    83   YDEUKONDALU P.
         CISF NO.062306780, CT/GD, E-I/324, RNAS, CISF UNIT COCHIN
         PORT TRUST, WELLINGTON ISLAND COCHIN, KERALA - 682 003.

    84   SATENDRA SINGH GUJAR
         CISF NO.104384776, CT/GD, E-I/336, RNAS, CISF UNIT COCHIN
         PORT TRUST, WELLINGTON ISLAND COCHIN, KERALA - 682 003.

    85   MURALI SIVAKALA
         CISF NO.101780021, CT/GD, E-I/409, RNAS, CISF UNIT COCHIN
         PORT TRUST, WELLINGTON ISLAND COCHIN, KERALA - 682 003.

    86   A.SRINIVAS
         CISF NO.092550218, CT/GD, E-I/329, RNAS, CISF UNIT COCHIN
         PORT TRUST, WELLINGTON ISLAND COCHIN, KERALA - 682 003.

    87   SAHEER S.
         CISF NO.101500708, CT/GD, E-I/322, RNAS, CISF UNIT COCHIN
         PORT TRUST, WELLINGTON ISLAND COCHIN, KERALA - 682 003.

    88   NIDHEESH A.P.
         CISF NO.095270128, CT/GD, E-I/384, RNAS, CISF UNIT COCHIN
         PORT TRUST, WELLINGTON ISLAND COCHIN, KERALA - 682 003.

    89   PATIL ATUL RAMESH
         CISF NO.120516302, CT/GD, E-I/417, RNAS, CISF UNIT COCHIN
         PORT TRUST, WELLINGTON ISLAND COCHIN, KERALA - 682 003.

    90   S.N.MISRA
         CISF NO.170803090, CT/GD, E-I/368, RNAS, CISF UNIT COCHIN
         PORT TRUST, WELLINGTON ISLAND COCHIN, KERALA - 682 003.
 WP(C) NO. 16755 OF 2021 &
WP(C) NO. 17061 OF 2021
                             11

    91   RAJESH R.S.
         CISF NO.104610909, CT/GD, E-I/36, RNAS, CISF UNIT COCHIN
         PORT TRUST, WELLINGTON ISLAND COCHIN, KERALA - 682 003.

    92   BIPINI SWAIN
         CISF NO.120611005, CT/GD, E-I/362, RNAS, CISF UNIT COCHIN
         PORT TRUST, WELLINGTON ISLAND COCHIN, KERALA - 682 003.

    93   G.NEELAKANDAN
         CISF NO.944130061, CT/WC, E-I/358, RNAS, CISF UNIT COCHIN
         PORT TRUST, WELLINGTON ISLAND COCHIN, KERALA - 682 003.

    94   SHIVALEELA N.M.
         CISF NO.113600010, L/CT/GD, E-I/382, RNAS, CISF UNIT
         COCHIN PORT TRUST, WELLINGTON ISLAND COCHIN,
         KERALA - 682 003.

    95   M.BALA MURUGAN
         CISF NO.994340609, HC/GD, E-I/382, RNAS, CISF UNIT COCHIN
         PORT TRUST, WELLINGTON ISLAND COCHIN, KERALA - 682 003.

    96   R.RAMESHAN
         CISF NO.834400070, HC/GD, E-II/11, 12TH CROSS , CISF UNIT
         COCHIN PORT TRUST, WELLINGTON ISLAND COCHIN,
         KERALA - 682 003.

    97   SAVARKAR RAJESH CHANDU
         CISF NO.081810026, CT/GD, E-I/393, RNAS, CISF UNIT COCHIN
         PORT TRUST, WELLINGTON ISLAND COCHIN, KERALA - 682 003.

    98   RAKTIM MONDAL
         CISF NO.140410769, HC/CLK, C-II/386, CISF UNIT COCHIN
         PORT TRUST, WELLINGTON ISLAND COCHIN, KERALA - 682 003.

    99   BARUNMOY DAS, CISF NO.130816581, CT/GD, E-II/245, RNAS,
         CISF UNIT COCHIN PORT TRUST, WELLINGTON ISLAND COCHIN,
         KERALA - 682 003.

   100   SOSAMMA THOMAS
         CISF NO.902290150, LHC/GD, E-II/244, RNAS, CISF UNIT
         COCHIN PORT TRUST, WELLINGTON ISLAND COCHIN,
         KERALA - 682 003.
 WP(C) NO. 16755 OF 2021 &
WP(C) NO. 17061 OF 2021
                               12

    101    SREEJA C.
           CISF NO.994500043, HC/GD, C-II/322, CISF COMPLEX, CISF
           UNIT COCHIN PORT TRUST, WELLINGTON ISLAND COCHIN, KERALA
           - 682 003.

    102    KICHILU R.MONEY
           CISF NO.014330111, ASI/EXE, E-II/325, CISF COMPLEX, CISF
           UNIT COCHIN PORT TRUST, WELLINGTON ISLAND COCHIN, KERALA
           - 682 003.

    103    G.S.VERMA
           CISF NO.933513091, HC/GD, C-II/369, CISF COMPLEX, CISF
           UNIT COCHIN PORT TRUST, WELLINGTON ISLAND COCHIN,KERALA -
           682 003.

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



RESPONDENT/S:

     1     THE DIRECTOR GENERAL/CENTRAL INDUSTRIAL SECURITY FORCE
           CISF HEAD QUARTERS, CGO COMPLEX, LODHI ROAD, NEW DELHI ,
           PIN - 110 003.

     2     THE INSPECTOR GENERAL (SOUTH SECTOR)
           CENTRAL INDUSTRIAL SECURITY FORCE, CHPT CAMPUS, CHENNAI,
           PIN -600 009.

     3     THE DEPUTY INSPECTOR GENERAL (SOUTH ZONE)
           CENTRAL INDUSTRIAL SECURITY FORCE, BESANT NAGAR, CHENNAI,
           PIN - 600 009.

     4     THE GROUP COMMANDANT
           CENTRAL INDUSTRIAL SECURITY FORCE, CISF GROUP HEAD
           QUARTERS COCHIN, KENDRIYA BHAVAN, KAKKANAD, ERNAKULAM,
           KERALA, PIN - 683 037.
 WP(C) NO. 16755 OF 2021 &
WP(C) NO. 17061 OF 2021
                                 13

     5       THE DEPUTY COMMANDANT/CISF
             CISF UNIT COCHIN PORT TRUST, WELLINGTON ISLAND P.O.,
             COCHIN, KERALA, PIN -682 003.

     6       UNION OF INDIA
             REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA,
             MINISTRY OF HOME AFFAIRS, NEW DELHI, PIN - 110 003.


OTHER PRESENT:

             ASG SRI.P.VIJAYAKUMAR




     THIS WRIT PETITION (CIVIL) HAVING FINALLY HEARD ON 23.09.2021,
ALONG WITH WP(C).17061/2021 AND THE COURT ON 29.09.2021 DELIVERED THE
FOLLOWING:
 WP(C) NO. 16755 OF 2021 &
WP(C) NO. 17061 OF 2021
                                 14


                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE SUNIL THOMAS
    WEDNESDAY, THE 29TH DAY OF SEPTEMBER 2021 / 7TH ASWINA, 1943
                        WP(C) NO. 17061 OF 2021
PETITIONER/S:

           P. RAJU PILLAI
           AGED 51 YEARS
           CISF NO.894430075, ASSISTANT SUB INSPECTOR /EXE, CISF
           UNIT COCHIN PORT TRUST, PRESENTLY RESIDING AT C2-346 RNAS
           AREA, WELLINGTON ISLAND, COCHIN, KERALA, PIN-682003.

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



RESPONDENT/S:

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

     2     THE INSPECTOR GENERAL (SOUTH SECTOR),
           CENTRAL INDUSTRIAL SECURITY FORCE, CHPT CAMPUS, CHENNAI,
           PIN-600009.

     3     THE DEPUTY INSPECTOR GENERAL (SOUTH ZONE),
           CENTRAL INDUSTRIAL SECURITY FORCE, BESANT NAGAR, CHENNAI,
           PIN-600009.

     4     THE GROUP COMMANDANT,
           CENTRAL INDUSTRIAL SECURITY FORCE, CISF GROUP HEAD
           QUARTERS COCHIN, KENDRIYA BHAVAN, KAKKANAD, ERNAKULAM,
           KERALA, PIN-683037.
 WP(C) NO. 16755 OF 2021 &
WP(C) NO. 17061 OF 2021
                                 15

     5       THE DEPUTY COMMANDANT/CISF,
             CISF UNIT COCHIN PORT TRUST, WELLINGTON ISLAND P.O.,
             COCHIN, KERALA, PIN-682003.

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

             BY ADV SHRI.P.VIJAYAKUMAR, ASG OF INDIA




     THIS WRIT PETITION (CIVIL) HAVING FINALLY HEARD ON 23.09.2021,
ALONG WITH WP(C).16755/2021 AND THE COURT ON 29.09.2021 DELIVERED THE
FOLLOWING:
 WP(C) NO. 16755 OF 2021 &
WP(C) NO. 17061 OF 2021
                                           16


                                     SUNIL THOMAS, J.
                                -------------------------------------
                           W.P.(C) Nos.16755 & 17061 of 2021
                                  ---------------------------------
                       Dated this the 29th day of September 2021

                                       JUDGMENT

Petitioners are CISF personals presently posted at unit Cochin Fort

Trust. They are residing with family in the quarters allotted to them at Wellington

Island, Cochin. According to the petitioners, by virtue of the 5 th Pay Commission

recommendation, transport allowances were admissible to persons like petitioners,

evidenced by Ext.P1. It was provided in para 3 (ii) of Ext.P1 that allowance shall not

be admissible to those employees who were provided with Government

accommodation within a distance of one kilometer of office or within a campus

housing the place of work and residence. Pursuant to 6 th Pay Commission

recommendation, Ext.P2 office memorandum dated 29/8//2008 was issued, by the

Ministry of Finance, by which it was provided that the transport allowance shall not be

admissible to those employees who have been provided with the facility of

Government transport. However, by clause 2 (iii), the condition contained in clause 3

(ii) of Ext.P1, by which the grant of transport allowance to employees provided with

official accommodation within one kilometer of office or within a campus housing the

place of work and residence was disallowed, was withdrawn. Thus by virtue of Ext.P2,

though the official accommodation was provided within one kilometer from the office WP(C) NO. 16755 OF 2021 & WP(C) NO. 17061 OF 2021

or within a campus housing the place of work and residence, they were entitled to

.the grant of transportation allowance. Essentially, by virtue of Ext.P2, irrespective of

the distance of accommodation and its location, Central Govt. employees were

eligible for transport allowance. Thereafter, pursuant to the 7 th Central Pay commission

report, Ext.P3 official memorandum was issued, by the Ministry, by which it was

provided in clause 2 (i), that allowance shall not be admissible to those employees

who have been provided with facility of Government transport. Except this, there was

no other condition regarding the distance of accommodation or its location. The only

embargo that was provided under Ext.P3 was that the employees would not be

admissible for transport allowance, if they were provided with the facility of

Government transport.

2. According to the petitioners, by virtue of their nature of employment, the CISF

personnel posted at Cochin Port Trust were liable to proceed from their place of

residence to the unit armoury and from where, they were moved in an armed

transport to vantage points. Thus,to reach the unit armoury, which was the debriefing

station and the place of reporting, the petitioners were bound to arrange their own

mode of transport. From the unit armory to their duty place, they were provided with

an armed troop carrier bus. After the duty hours, they were taken back from the duty

post to the unit armoury in an armed troop carrier bus and from there they proceeded

in their own private vehicles to their places of residence. In short, by virtue of the WP(C) NO. 16755 OF 2021 & WP(C) NO. 17061 OF 2021

location of the unit armory, which was at a distance from their place of residence, they

had to make arrangements for their own transportation from the places of residence to

the unit armory before commencement of the duty and after the duty hours, to return

from the unit armory to their place of residence. Accordingly, they were not provided

with Government transportation facility, through out their journey in connection with

their duty.

3. Ext.P4 clarification was issued by the 2nd respondent, the Inspector

General(Sourth Zone), Chennai, which is produced as Ex.P4. It provided that the

managements of CPT, Cochin and MRPL Mangalore have provided transport

facilitates to CISF personnel for commuting to their place of duty from

residence(Assembling points(s) at unit line) and vice versa. It was stated that,thus they

were not entitled for transport allowance.

4. The writ petitions are filed by the petitioners on the premise that in the light of

Ext.P4 clarification, the authorities have stopped the payment of transport allowance to

them. The relief sought was to declare that the petitioners posted at CISF Unit of

Cochin Port Trust, who were not provided with individual government vehicles to take

them from their place of residences to their work station, were eligible for

transportation allowance as per Exts.P2 and P3 office memorandums and

consequential pay arrears. Another prayer sought was to quash Ext.P4, by which

transport allowance was stopped to the petitioners and similarly situated persons, WP(C) NO. 16755 OF 2021 & WP(C) NO. 17061 OF 2021

posted at CISF unit , CPT Cochin.

5. Pursuant to the notice, the respondents appeared through the learned

Assistant Solicitor General of India. Heard the learned counsel for the petitioners and

the learned ASG.

6. Vehemently assailing the impugned order Ext.P4, the learned counsel for the

petitioners contended that, Ext.P4 is factually wrong, in so far as it provides that CISF

personnel were provided with transport facilities for commuting to their place of duty

from residence and vice versa. It was contended that, they are entitled for transport

allowance. Per contra, supporting Ext.P4, learned ASG contended that Ext.P4 was

clear, unequivocal and was beyond any dispute. It was a fact that the petitioners were

provided with official transport from the assembling point at the unit line and to their

place of duty.

7. By virtue of Ext.P3, transport allowance was made admissible to all, except

to the employees who have been provided with the facilities of the Government

transportation. Evidently, the persons who are not entitled to transport allowance are

persons who have been provided with facility of Government transport from their

place of residence to the place of duty. Factually, petitioners are residing at official

quarters and , it is a facility provided to them , as part of their employment, since all

of them hail from distance places. Hence, they are occupying the official

accommodation by virtue of their employment. By the peculiar nature of the fact that WP(C) NO. 16755 OF 2021 & WP(C) NO. 17061 OF 2021

the place of their reporting, which is the assembling point is located at distance from

their respective places of residences, they are obliged to cover that distance using

own arrangement. Official vehicles are admittedly provided from the assembling

point to the place of duty and vice versa only. This is factually evident from Ext.P9

which was produced by the petitioners in W.P.(C) 16755/2021. Ext.P9 is a

communication dated 10/3/2021 issued by the 5th respondent - the Deputy

Commandant stationed at Cochin, to his superior officer, the Group Commandant,

CISF, seeking a clarification on the letter of Cochin Port Trust regarding the alleged

ambiguity in the transportation allowance. It was stated in para 2 of Ext.P9 that, at

present Cochin Port Trust management has provided transport facility from the

briefing point ( quarter guard) to the duty points and back (debriefing point at quarter

guard) and all the unit personnel are reporting at the briefing point by own conveyance

or arrangements. However, in Ext.P4, the place of residence referred to in Ext.P4, is

denoted as assembling point, as if the place of residence of the petitioners are the

assembling point itself. This is factually incorrect as evident from Ext.P9. In other

words, the clarification given by Ext.P4 is on a wrong factual premise that the place

of residence and the assembling points at the unit line, are at the same place,

ignoring the fact that at least in the case of the petitioners and similarly situated

persons posted at Cochin Port Trust, they are obliged to commute from their

respective place of residences to the assembling point in their own vehicles. Clearly WP(C) NO. 16755 OF 2021 & WP(C) NO. 17061 OF 2021

they have not been provided with transport facility towards their movement for

reporting for duty, at the duty point and for their return. Merely because they are

provided with Government transport facility to cover a part of their journey, they

cannot be deprived of their transport allowance, and cannot be expected to expend

from their own pocket for commuting from the respective places of residence to the

assembling points. The transportation of that portion of the route is necessitated,

since the assembling point is located at a distance from their official residence. Their

transportation from the place of residence to the assembling point and back can only

be for the purpose of attending their official duty, at the duty post. Having considered

this, they cannot be deprived of their right on the basis that they have been provided

with transportation facility to cover a part of the route. Denial of such a right will be

totally contrary to the very object of providing the transport allowance.

8. Having considered this, I am satisfied that Ext.P4 cannot be extended at

least in the case of the petitioners and similarly situated persons posted at Cochin

Port Trust or elsewhere. To that extent, relief No. 1 sought by the petitioners is liable

to be granted.

9. The second relief sought is to quash Ext.P4. Since Ext.P4 covers the

employees posted at MRPL Mangalore also and that part is not under challenge, I

am not inclined to quash Ext.P4 in its entity, nor I inclined to quash it in part since it is

inseparable, composite clarification. However, the interest of justice will suffice if the WP(C) NO. 16755 OF 2021 & WP(C) NO. 17061 OF 2021

prayer No. 1 in the writ petitions is allowed by declaring that the petitioners who are

obliged to utilise their own arrangement from the official quarters to the assembling

point and back after the duty hours are entitled to the transport allowance as provided

in Exts.P2 and P3 official memorandums issued by the Ministry of Finance.

10. The writ petitions are liable to be allowed granting transport allowance by

virtue of Exts. P2 & P3 to the petitioners. The respondents shall disburse the arrears

of transport allowance due to the petitioners. as expeditiously as possible. at any rate.

within a period of two months from the date of receipt of a copy of this judgment. The

respondents shall also pay and continue to pay the transport allowance by virtue of

Exts.P2 and P3, not withstanding Ext.P4.

Writ petitions are allowed accordingly.

Sd/-

SUNIL THOMAS

Judge

dpk WP(C) NO. 16755 OF 2021 & WP(C) NO. 17061 OF 2021

APPENDIX OF WP(C) 16755/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF MINISTRY OF FINANCE, DEPARTMENT OF EXPENDITURE OFFICE MEMORANDUM NO.21 (J) 91/E-2 (B) DATED 03/10/1997.

Exhibit P2 TRUE COPY OF MINISTRY OF FINANCE, DEPARTMENT OF EXPENDITURE OFFICE MEMORANDUM NO.21 (2)/2008-E-II(B) DATED 29/08/2008.

Exhibit P3 TRUE COPY OF DEPARTMENT OF EXPENDITURE OFFICE MEMORANDUM NO.21/5/2017-E-II(B) DATED 07/07/2017.

Exhibit P4 TRUE COPY OF COMMUNICATION BEARING NO.(10091) DATED 03/08/2021 ISSUED BY THE 2ND RESPONDENT.

Exhibit P5 TRUE COPY OF DEPARTMENT OF EXPENDITURE OM NO.20(5)-E-II(A)/93 DATED 28/01/1994.

Exhibit P6 TRUE COPY OF SUPREME COURT OF INDIA RESOLUTION DATED 13/09/2008.

Exhibit P7 SALARY SLIP OF THE 1ST PETITIONER FOR THE MONTH OF JULY 2021.

Exhibit P7(A) SALARY SLIP OF THE 2ND PETITIONER FOR THE MONTH OF JULY 2021.

Exhibit P7(B) SALARY SLIP OF THE 3RD PETITIONER FOR THE MONTH OF JULY 2021.

Exhibit P7(C) SALARY SLIP OF THE 4TH PETITIONER FOR THE MONTH OF JULY 2021.

WP(C) NO. 16755 OF 2021 & WP(C) NO. 17061 OF 2021

Exhibit P8 SALARY SLIP OF THE 1ST PETITIONER FOR THE MONTH OF AUGUST 2021.

Exhibit P8(A) SALARY SLIP OF THE 2ND PETITIONER FOR THE MONTH OF AUGUST 2021.

Exhibit P8(B) SALARY SLIP OF THE 3RD PETITIONER FOR THE MONTH OF AUGUST 2021.

Exhibit P8(C) SALARY SLIP OF THE 4TH PETITIONER FOR THE MONTH OF AUGUST 2021.

Exhibit P9 TRUE COPY OF COMMUNICATION BEARING NO.(583) DATED 10.03.2021 SENT BY THE 5TH RESPONDENT ADDRESSED TO THE 4TH RESPONDENT.

WP(C) NO. 16755 OF 2021 & WP(C) NO. 17061 OF 2021

APPENDIX OF WP(C) 17061/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF MINISTRY OF FINANCE, DEPARTMENT OF EXPENDITURE OFFICE MEMORANDUM NO.21 (J) 91/E-2 (B) DATED 3.10.1997.

Exhibit P2 TRUE COPY OF MINISTRY OF FINANCE, DEPARTMENT OF EXPENDITURE OFFICE MEMORANDUM NO.21 (2)/2008-E-II (B) DATED 29.8.2008.

Exhibit P3 TRUE COPY OF DEPARTMENT OF EXPENDITURE OFFICE MEMORANDUM NO.21/5/2017-E-II (B) DATED 7.7.2017.

Exhibit P4 TRUE COPY OF COMMUNICATION BEARING NO. (10091) DATED 3.8.2021 ISSUED BY THE 2ND RESPONDENT.

Exhibit P5 TRUE COPY OF DEPARTMENT OF EXPENDITURE, MINISTRY OF FINANCE OFFICE MEMORANDUM NO.F-

NO.TA-2-03002 (2)/1/2020/TA-2/(E-3001)/624 DATED 11.8.2021.

Exhibit P6 TRUE COPY OF DEPARTMENT OF EXPENDITURE OM NO.20(5)-E-II(A)/93 DATED 28.1.1994.