T.K.Tomy vs Union Of India
2023 Latest Caselaw 8263 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. 25043 OF 2023


PETITIONER:

          T.K.TOMY., AGED 51 YEARS, S/O T.V.KURUVILA,
          (EX-CONSTABLE/BSF/ BSF REGIMENT NO.924887365),
          RESIDING AT: THURUTHOOR HOUSE, CHEMMANATTUKARA,
          VAIKOM, KOTTAYAM DISTRICT., PIN - 686606

          BY ADVS.
          KALA T.GOPI
          T.C.GOVINDASWAMY
          SHINE S.
          NISHITHA BALACHANDRAN


RESPONDENTS:

    1     UNION OF INDIA, REPRESENTED BY THE SECRETARY TO
          GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS,
          NORTH BLOCK, NEW DELHI ., PIN - 110001

    2     THE DIRECTOR GENERAL, BORDER SECURITY FORCE,
          BLOCK NO.10, CGO COMPLEX, LODHI ROAD, NEW DELHI .,
          PIN - 110003

    3     DIRECTOR, PAY & ACCOUNTS DIVISION, BORDER SECURITY
          FORCE, HEADQUARTERS, 10 CGO COMPLEX, NEW DELHI.,
          PIN - 110003

    4     THE COMMANDANT, 136 BATALLION, BORDER SECURITY FORCE,
          HEADQUARTERS, 10 CGO COMPLEX, NEW DELHI., PIN - 110003

          BY ADV MANU S.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 25043/23
                                    2

                          JUDGMENT

Even though there are various assertions, averments and

allegations made and urged in this Writ Petition, when this

matter was called today, the learned counsel for the petitioner -

Smt.Kala T. Gopi, confined her plea that Ext.P1 representation

preferred by her client - through which, he has sought for

certain prayers, including revision of pension and disbursement of

disability pension etc. - be directed to be taken up and disposed

of by the 4th respondent, within a time frame to be fixed by this

Court.

2. In response, Sri.S.Manu - learned Deputy Solicitor

General of India, submitted that if the petitioner only requires

Ext.P1 representation to be taken up and disposed of in terms of

law, there does not appear to be any legal impediment in doing

so; but prayed that this Court may not make any affirmative

declarations on his entitlement to any relief and leave it to the

competent Authority to take a final decision as per law. WPC 25043/23

In the afore circumstances, I allow this Writ Petition and

direct the 4th respondent to take up Ext.P1 representation of the

petitioner and dispose it of, in terms of law, after affording him

an opportunity of being heard through online; 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/-

RR                                      DEVAN RAMACHANDRAN
                                              JUDGE
 WPC 25043/23


               APPENDIX OF WP(C) 25043/2023

PETITIONER EXHIBITS
Exhibit-P1          A TRUE COPY OF THE REPRESENTATION
                    SUBMITTED BY THE PETITIONER TO THE
                    RESPONDENTS 2 TO 4 DATED 08.07.2023.
Exhibit-P2          A TRUE COPY OF THE CERTIFICATE OF

DISCHARGE AND RECOMMENDATION OF CIVIL EMPLOYMENT ISSUED BY THE BSF IN FAVOUR OF THE PETITIONER.