C.P. Padmanabhan vs Union Of India
2023 Latest Caselaw 11285 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
            THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
       FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945
                        WP(C) NO. 35152 OF 2022
PETITIONER:

           C.P. PADMANABHAN
           AGED 63 YEARS
           S/O RAMUNNI KURUP
           (CCIN SR.8301694 CONSTABLE PS-TE-PGT-(RETIRED)],
           SOUTHERN RAILWAY, RESIDING AT 'SREE PADMAM' HOUSE,
           KEEZHAL POST, KUTTOTH, VATAKARA, KOZHIKODE, PIN - 673104.

           BY ADVS.
           R.SUDHISH
           M.MANJU

RESPONDENTS:

     1     UNION OF INDIA
           REPRESENTED BY THE SECRETARY, MINISTRY OF RAILWAYS,
           CENTRAL SECRETARIAT, NEW DELHI, PIN - 110001.

     2     THE SENIOR DIVISIONAL PERSONNEL OFFICER
           SOUTHERN RAILWAY, PALAKKAD DIVISION, KERALA, PIN - 678010.

     3     THE RAILWAY DIVISIONAL SECURITY COMMISSIONER
           SOUTHERN RAILWAY, D.R.M. OFFICE COMPLEX, PALAKKAD,
           PIN - 678002.

     4     IG- COM PRINCIPAL CHIEF SECURITY COMMISSIONER
           RAILWAY PROTECTION FORCE, MORE MARKET COMPLEX
           SOUTHERN RAILWAY CHENNAI, PIN - 600003.
           BY ADV ASG OF INDIA



           SRI. S MANU, DSGI


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION           ON
27.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 35152 OF 2022                 2




                                        JUDGMENT

The petitioner, during his tenure as a Constable in the Railway

Protection Force, found himself subject to disciplinary proceedings based on

allegations of dereliction of duty. The disciplinary authority imposed a

penalty of withholding his increment for a period spanning two years,

commencing from 1/7/2013. The petitioner states that he was mandatorily

retired from service upon reaching the age of 58 on 31/7/2017, having

dedicated approximately 34 years to the RPF Department. The crux of the

petitioner's grievance stems from the denial of his financial advancement

due to his completion of over 30 years of service. He states that his appeal

for reconsideration was dismissed by way of the Ext.P5 order. The petitioner

states that he has issued Ext.P6 notice through his counsel highlighting his

grievances. The petitioner states that the respondents have not responded

to his grievance. It is on these assertions that this writ petition is filed

seeking the following prayers:-

(i) Issue a writ of certiorari or other appropriate writ, order or direction quashing Exhibit P3 to P5.

(ii) Declare that the applicant has completed more than 30 years of service and is entitled for the 3rd MACP in accordance with the pay scale and also entitled for subsequent revision in the pay scale and pensionary benefits.

(iii) Declare that the applicant is entitled for

balance arrears of salary and statutory retirement benefits in accordance with the pay scale.

(iv) Declare that Exhibit P5 decision of the 3rd respondent is arbitrary, discriminatory, unconstitutional and null and void.

2. The learned Central Government Counsel submits that the

specific case of the petitioner is that his letter dated 21.1.2021 seeking

clarification, followed by a reminder dated 23.11.2021, have not been

responded to. It is submitted that if the petitioner prefers a fresh

representation before the 3rd respondent, appropriate orders can be

passed.

3. The learned counsel appearing for the petitioner submitted

that he has no objection in pursuing the said course.

In that view of the matter, this writ petition is disposed of by

ordering as under:

a) The petitioner shall file a fresh representation before

the 3rd respondent highlighting his grievances within a

period of three weeks from today.

b) If any such representation is filed, the 3rd respondent

shall consider the same and pass appropriate orders on

its merits within a period of two months after affording

an opportunity of being heard to the petitioner.

c) The petitioner shall produce a copy of the writ petition

along with the judgment before the concerned

respondent for further action.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE Sru

APPENDIX OF WP(C) 35152/2022

PETITIONER'S EXHIBITS Exhibit P1 COPY OF THE ORDER OF THE 3RD RESPONDENT DATE 23.06.2017.

Exhibit P2 COPY OF THE LETTER PREFERRED BY THE PETITIONER DATED 30.08.2017.

Exhibit P3 COPY OF THE REPLY LETTER GIVEN BY THE 3RD RESPONDENT DATED 16.09.2017.

Exhibit P4 COPY OF THE REQUEST LETTER PREFERRED BY THE PETITIONER TO THE 4TH RESPONDENT.

Exhibit P5 COPY OF THE REPLY NOTICE ISSUED BY THE 3RD RESPONDENT DATED 30.04.2021.

Exhibit P6 COPY OF THE ADVOCATE NOTICE ISSUED BY THE PETITIONER DATED 23.11.2021.