Kerala High Court
Gp. Capt. Anil Richard Franklin ... vs Union Of India on 17 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
WP(C) NO. 42311 OF 2022
PETITIONER:
GP. CAPT. ANIL RICHARD FRANKLIN (RETD)
AGED 59 YEARS
S/O. J.M. FRANKLIN, FLAT NO. 3076, PRESTIGE KENSINGTON
GARDEN, HMT MAIN ROAD, BANGALORE, KARNATAKA
PIN - 560013
BY ADVS.
MATHEW KURIAKOSE
CHANDY OOMMEN
J.KRISHNAKUMAR (ADOOR)
MONI GEORGE
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY,MINISTRY OF DEFENCE,
(DEPARTMENT OF EX-SERVICEMEN WELFARE), NIRMAN BHAVAN,
SOUTH BLOCK, NEW DELHI , PIN - 110011
2 DIRECTORATE GENERAL RE-SETTLEMENT (DGR)
R.K. PURAM, NEW DELHI - 110 022.
REPRESENTED BY ITS PRINCIPAL DIRECTOR,PIN - 110022
3 THE PRINCIPAL DIRECTOR
DIRECTORATE GENERAL RE-SETTLEMENT (DGR),
R.K. PURAM, NEW DELHI, PIN - 110022
4 THE JOINT DIRECTOR (EMP), (KERALA REGION)
DIRECTORATE GENERAL RE-SETTLEMENT (DGR),
R.K. PURAM, NEW DELHI
, PIN - 110022
5 THE JOINT DIRECTOR (B), DRZ (SOUTH)
DIRECTORATE GENERAL RE-SETTLEMENT (DGR),
C/O. HQ SOUTHERN COMMAND, PUNE
, PIN - 411001
SRI. S.MANU -DSGI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 42311 OF 2022
2
JUDGMENT
Dated this the 17th day of January, 2023
The petitioner is the proprietor of M/s. Anil Richard Francklin
Security Agency, which is empanelled with the Directorate General
Re-settlement (DGR) and is thereby authorised to provide security
and allied services to Central Public Sector
Undertakings/Entreprises functioning within the limits of the
Kerala State. The DGR is maintaining Seniority list of empaneld
security agencies and the work is awarded as per seniority. The
petitioner is at serial No. 8 in the seniority list. As such, it will take
some more time to reach petitioner's turn. As the period of
empanelment is due expire by 04.02.2023 and the petitioner will
complete 60 years of age on 05.02.2023, there is no possibility of
further empanelment or of getting sponsorships under the DGR
after 04.02.2023. Therefore, the petitioner requested the DGR to
grant him priority by overlooking the seniority, so that he will get
a sponsorship before expiry of the empanelment. The respondents
having refused to consider the request, this writ petition is filed.
WP(C) NO. 42311 OF 2022
2. Heard the learned counsel for the petitioner and the
learned DSGI.
3. In so far as the DGR is awarding works as per seniority,
it is inappropriate for this Court to issue a writ of mandamus
directing to grant sponsorship to the petitioner overlooking
seniority. At the same time, as the petitioner has submitted a
request in that regard, the competent among the respondents
may consider the request expeditiously, since the petitioner's
empanelment is due to expire by 04.02.2023.
The writ petition is accordingly disposed of permitting the
petitioner to submit a fresh request and leaving it open for the
respondents to take appropriate decision thereon.
Sd/-
V.G ARUN
JUDGE
AP
WP(C) NO. 42311 OF 2022
APPENDIX OF WP(C) 42311/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF THE
GUIDELINES DATED 13.05.2021 ISSUED BY THE
1ST RESPONDENT FOR OPERATION/ FUNCTIONING
OF DGR EMPANELED EX-SERVICEMEN (ESM)
SECURITY SERVICES
Exhibit P2 TRUE COPY OF EMPANELMENT CERTIFICATE
DATED 21.09.2022 OF THE PETITIONER WITH
THE DIRECTORATE GENERAL OF RESETTLEMENT
Exhibit P3 TRUE COPY OF THE LICENSE DATED 17.08.2022
ISSUED BY THE GOVERNMENT OF KERALA TO THE
PETITIONER
Exhibit P4 TRUE COPY OF THE EMAIL COMMUNICATION CUM
ORDER DATED 19.12.2022 ISSUED BY THE 5TH
RESPONDENT TO THE PETITIONER
