Kerala High Court
V P Pothen vs Union Of India on 7 January, 2025
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W.P(C) No. 14411 of 2021 2025:KER:649
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
TUESDAY, THE 7TH DAY OF JANUARY 2025 / 17TH POUSHA, 1946
WP(C) NO. 14411 OF 2021
PETITIONERS:
1 V P POTHEN, AGED 68 YEARS,
(EXT NO.351165), SON OF THE LATE PUNNOOSE POHEN,
SUBHEDAR/CIPHER (RETIRED), ASSAM RIFLES, MEGHALAYA,
RESIDING AT VADAKKEL HOUSE, VALLAMKULLAM EAST P.O.,
THIRUVALLA, PATHANAMTHITTA-689541.
2 MOHAMMED BASHEER, AGED 66 YEARS,
(EX NO.JC-352675 N) SON OF THE LATE IBRAHIM HAMEED,
RAWTHER, SUBHEDAR/CIPHER (RETIRED), ASSAM RIFLES,
MEGHALAYA, RESIDING AT HAJAS MAZIL, KUMMANOOR P.O.,
KOZHENCHERRY, PATHANAMTHITTA-689691.
3 PRATHAP CHANDRAN NAIR K.M., AGED 69 YEARS,
(EX NO.JC S/35116W), SON OF THE LATE MADHAVAN PILLAI,
NAIB SUBHEDAR/CIPHER (RETIRED), ASSAM RIFLES, MEGHALAYA,
RESIDING AT PARAKULANGARA HOUSE, KANGAZHA P.O.,
KOTTAYAM-686541.
4 GOPALAKRISHNAN NAIR R., AGED 59 YEARS,
(EX NO. S/353818P) SON OF THE LATE RAMAN PILLAI,
HAVILDAR/CIPHER (RETIRED), ASSAM RIFLES, MEGHALAYA,
RESIDING AT SREE RAMA VILASATHU VEEDU, ELICODE P.O.,
KOLLAM-691322.
5 P.C.ABRAHAM, AGED 66 YEARS,
(EX. NO.352668), SON OF THE LATE P.A.CHACKO,
HAVILDAR//CIPHER (RETIRED), ASSAM RIFLES, MEGHALAYA,
RESIDING AT CHANDANAPPALLIL HOUSE, WEST OTHERA,
THIRUVALLA, PATHANAMTHITTA-689551.
BY ADVS.
REKHA VASUDEVAN
ELIZABETH V.JOSEPH
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W.P(C) No. 14411 of 2021 2025:KER:649
RESPONDENTS:
1 UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE
GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NORTH
BLOCK, NEW DELHI-110001.
2 THE DIRECTOR GENERAL, ASSAM RIFLES, THE DIRECTORATE
GENERAL OF ASSAM RIFLES, NONGRIMMAV, LAITUMKHRAH,
RYNJAH VIA GORALINE, SHILLONG, MEGHALAYA-793011.
3 THE BRIGADIER (PERSONNEL) FOR DG ASSAM RIFLES,
MAHANIDESHALAYA, DIRECTORATE GENERAL, ASSAM RIFLES,
UPAO BRANCH (PENSION GRIEVANCE CELL), SHILLONG,
MEGHALAYA-793011.
4 THE ACCOUNTS OFFICER, CENTRAL PAY BILL OFFICE,
ASSAM RIFLES, NONGRIMMAV, LAITUMKHRAH, RYNJAH VIA
GORALINE, SHILLONG, MEGHALAYA-793011.
BY SRI.DAYASINDHU SREEHARI N.S., CGC
S. BIJU
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.01.2025,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P(C) No. 14411 of 2021 2025:KER:649
JUDGMENT
The petitioners have filed the captioned writ petition
challenging Exts.P14 to P18 orders issued by the respondents.
2. An additional statement dated 13.11.2024 has been placed
on record by the respondents herein, pointing out that the impugned
orders at Exts.P14 and P18 have been subsequently
withdrawn/cancelled pursuant to an order dated 23.09.2024 issued
by the Director General of Assam Rifles.
In the light of the afore, I am of the opinion that the prayers
in the writ petition have become infructuous. However, the learned
counsel for the petitioners points out that the petitioners may be
granted the benefits of ACP/MACP Scheme to the extent available.
In such circumstances, the petitioners are directed to file a
representation within two weeks from today, in which event, the
afore claims would be considered and decided in accordance with
law.
The writ petition stands disposed of, accordingly.
Sd/-
HARISANKAR V. MENON, JUDGE
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W.P(C) No. 14411 of 2021 2025:KER:649
APPENDIX OF WP(C) 14411/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF THE
PENSION PAYMENT ORDER NO.234981200740 DATED
18.1.2012 OF THE 1ST PETITIONER.
EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE
PENSION PAYMENT ORDER NO.234981402184 DATED
21.2.2014 OF THE 2ND PETITIONER.
EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES OF THE
PENSION PAYMENT ORDER NO.234981103292 DATED
31.3.2011 OF THE 3RD PETITIONER.
EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES OF THE
PENSION PAYMENT ORDER NO.23498110649 DATED
28.9.2011 OF THE 4TH PETITIONER.
EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGES OF THE
PENSION PAYMENT ORDER NO.23498-07-0645-8
DATED 04.2007 OF THE 5TH PETITIONER.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 19.6.2019 IN
WP(C) NO.7535 OF 2019 OF THIS HONOURABLE
COURT.
EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED
5.1.2020 SUBMITTED BY 1ST PETITIONER TO 2ND
RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED
5.1.2020 SUBMITTED BY 2ND PETITIONER TO 2ND
RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED
5.1.2020 SUBMITTED BY 3RD PETITIONER TO 2ND
RESPONDENT.
EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED
5.1.2020 SUBMITTED BY 4TH PETITIONER TO 2ND
RESPONDENT.
EXHIBIT P11 TRUE COPY OF THE REPRESENTATION DATED
5.1.2020 SUBMITTED BY 5TH PETITIONER TO 2ND
RESPONDENT.
W.P(C) No. 14411 of 2021 2025:KER:649
EXHIBIT P12 TRUE COPY OF THE JUDGMENT DATED 10.1.2020 IN
WP(C) NO.26373 OF 2019 OF THIS HONOURABLE
COURT.
EXHIBIT P13 TRUE COPY OF THE JUDGMENT DATED 23.3.2017 IN
WP(C) NO.403/2014 OF THE HONOURABLE HIGH
COURT OF MEGHALAYA.
EXHIBIT P14 TRUE COPY OF THE SPEAKING ORDER NO. V P
POTHEN/UPAO-LEGAL/1304/2020/2545 DATED
14.12.2020 ISSUED BY 2ND RESPONDENT TO 1ST
PETITIONER.
EXHIBIT P15 TRUE COPY OF THE SPEAKING ORDER NO. MOHAMMAD
BASHEER/UPAO-LEGAL/1304/2020/2546 DATED
14.12.2020 ISSUED BY 2ND RESPONDENT TO 2ND
PETITIONER.
EXHIBIT P16 TRUE COPY OF THE SPEAKING ORDER NO. PRATHAP
CHANDRAN NAIR K M/UPAO-LEGAL/1304/2020/2547
DATED 14.12.2020 ISSUED BY 2ND RESPONDENT TO
3RD PETITIONER.
EXHIBIT P17 TRUE COPY OF THE SPEAKING ORDER
NO.GOPALAKRISHNAN NAIR R/UPAO
LEGAL/1304/2020/2549 DATED 14.12.2020 ISSUED
BY 2ND RESPONDENT TO 4TH PETITIONER.
EXHIBIT P18 TRUE COPY OF THE SPEAKING ORDER NO.P C
ABRAHAM/UPAO-LEGAL/1304/2020/2550 DATED
14.12.2020 ISSUED BY 2ND RESPONDENT TO 5TH
PETITIONER.
RESPONDENTS' ANNEXURES:
ANNEXURE R1(A) A TRUE COPY OF THE ORDER NO. A/PERS/II-
04/CIPHER/2023/11 DATED 02.01.2024
ANNEXURE R1(B) A TRUE COPY OF ORDER NO.I.11011/PEN/NE-
LEGAL/1394/1392/2024/1897 DATED 23.09.2024
