All India Gref Ex Servicemen ... vs Union Of India
2023 Latest Caselaw 8213 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
                   WP(C) NO. 21156 OF 2023
PETITIONER:

          ALL INDIA GREF EX SERVICEMEN WELFARE
          ASSOCIATION, VISHAK HOUSE COMPLEX,
          PUTHIYAKAVU, MAVELIKARA P.O.
          ALAPPUZHA DISTRICT, KERALA - 690101
          REPRESENTED BY ITS PRESIDENT
          T J GOPAKUMAR, S/O. LATE G.JANARDHARANAN NAIR,
          RESIDING AT VISHAK HOUSE, PUTHIYAKAVU,
          MAVELIKARA P.O., ALAPPUZHA DISTRICT - 690101
          BY ADVS.
          U.BALAGANGADHARAN
          R.PRADEEP KUMAR

RESPONDENTS:

    1     UNION OF INDIA
          REPRESENTED BY ITS SECRETARY,
          DEPARTMENT OF PERSONNEL & TRAINING,
          MINISTRY OF PERSONNEL, P G AND PENSIONS
          NORTH BLOCK, NEW DELHI, PIN - 110001
    2     THE SECRETARY
          MINISTRY OF DEFENSE (BORDER ROADS)
          GOVT OF INDIA, SOUTH BLOCK,
          NEW DELHI, PIN - 110001
    3     THE DIRECTOR GENERAL OF BORDER ROADS
          SEEMA SADAK BHAWAN, RING ROAD NARAINA,
          DELHI CANTT, NEW DELH, PIN - 110010
    4     THE SECRETARY
          DEPT OF EX SERVICEMEN WELFARE
          GOVT OF INDIA, SOUTH BLOCK,
          NEW DELHI, PIN - 110001
    5     THE DIRECTOR GENERAL OF RESETTLEMENT
          HQ DIRECTOR GENERAL OF RESETTLEMENT
          WEST BLOCK - 4, R K PURAM
          NEW DELHI, PIN - 110066
          BY ADV.
          SRI.PRENJITHKUMAR
 W.P.(C).No. 21156 of 2023
                                           :2:



       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   01.08.2023,            THE   COURT   ON     THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C).No. 21156 of 2023
                                  :3:



                     DEVAN RAMACHANDRAN, J.
                  =========================
                      W.P.(C).No. 21156 of 2023
                 ==========================
                 Dated this the 1st day of August, 2023

                             JUDGMENT

The petitioner is stated to be a registered Association of

retired members of the General Reserve Engineering Force

(GREF), and they say that they are aggrieved because they are not

being offered the status of ex-servicemen, thus being denied the

benefits under the Ex-servicemen Contributory Health Scheme

(ECHS). They added that they have already preferred Ext.P7

representation before the 1st respondent and seek that it be

directed to be taken up and disposed of by its competent Authority,

within a time frame to be fixed by this Court.

2. The afore request of Sri.Balagangadharan Unikkat -

learned counsel for the petitioner, was answered by Sri.Prenjith

Kumar - learned Central Government Standing Counsel, saying

that, if the petitioner only requires Ext.P7 to be taken up and

disposed of, there does not appear to be any legal impediment for

the 1st respondent in doing so; but prayed that this Court may not

make any affirmative declarations in his favour and leave it to the

said respondent to take an appropriate decision, as per law. He

added that the question whether persons like the members of the W.P.(C).No. 21156 of 2023

petitioner association can be granted the benefit of ex-servicemen

is a matter of policy and, therefore, that sufficient liberty may be

reserved to the 1st respondent to take an apposite decision in terms

of all applicable Rules, Regulations and Circulars.

3. When I consider and evaluate the afore submissions, it is

without doubt that a decision on the claim of the petitioner can

never be taken by this Court at the first instance, while acting

under Article 226 of the Constitution of India, since it requires

evaluation of various inputs - both factual and documentary. I am,

therefore, of the firm view that Ext.P7 must be ordered to be

decided by the competent Authority of the 1st respondent.

Resultantly, this writ petition is ordered, directing the

competent Authority of the 1st respondent to take up Ext.P7

representation of the petitioner and dispose it of, after affording an

opportunity of being heard online to its President, whose name is

mentioned in the cause title; thus culminating in an appropriate

order and necessary action thereon, as expeditiously as is possible,

but not later than three months from the date of receipt of a copy

of this judgment.

Sd/-

DEVAN RAMACHANDRAN JUDGE anm W.P.(C).No. 21156 of 2023

APPENDIX OF WP(C) 21156/2023

PETITIONER EXHIBITS Exhibit P 1 A TRUE COPY OF THE LETTER ISSUED BY THE DEPUTY SECRETARY TO THE GOVERNMENT TO THE DIRECTOR GENERAL BORDER ROADS DATED 14.08.1985 Exhibit P 2 A TRUE COPY OF THE COMMUNICATION DATED 27.11.2020 OF 5TH RESPONDENT Exhibit P 3 A TRUE COPY OF THE NOTIFICATION DATED 15.12.1979 ISSUED BY THE DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS Exhibit P 4 A TRUE COPY OF OFFICE MEMORANDUM DATED 14.04.1982 Exhibit P 5 A TRUE COPY OF THE OFFICE MEMORANDUM DATED 21.07.2011 Exhibit P 6 A TRUE COPY OF THE LETTER NO. B/49701-

PR/AG/ECHS/2019 DATED 11.03.2019 Exhibit P 7 A TRUE COPY OF THE MEMORIAL DATED 19.01.2021

RESPONDENTS' EXHIBITS : NIL.