← Library
Madras High CourtWP/16410/2017dismissed

Central Para Military Force, v. The Union Of India,

2023-03-24Honourable Mr Justice S.M. Subramaniam6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.03.2023 CORAM :

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.16410 of 2017 and W.M.P.No.17749 of 2017 Central Para Military Force Ex - Servicemen Welfare Association Represented by its President Mr.Mohamed Meera Door Bo.24, Main Road, Rajiv Gandhi Nagar Opp. To CRPF Camp Avadi, Chennai - 600 065.

..

Petitioner vs

1. The Union of India Represented by its Secretary to Government Ministry of Home Affairs Police Division - II (Re-Settlement & Welfare Directorate) North Block, New Delhi - 110 001.

2. The Union of India Represented by its Secretary to Government Ministry of Defence Department of Ex-Servicemen Welfare New Delhi - 110 001.

3. M/s.Naveen V.K.Security Agency Old No.198, New No.1/1, First Floor Old Mahabalipuram Road Sholinganallur, Chennai - 600 119.

4. M/s.S.J.J.Security Agency Shop No.10 & 11, No.24, Elohim Complex HVF Road, SAP Colony Avadi, Chennai 600 054.

5. The Manager Salem Main Branch Bank of Baroda Salem (Coimbatore Regional Office)

6. The Manager BHEL Township Trichy 620 014 Tamil Nadu.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of Mandamus, forbearing the fifth and sixth respondents from terminating members of the petitioner Association as per the annexure enclosed as Security Guard and retain the petitioner as Ex-Central Armed Police Personnel as per the Office Memorandum dated 23.11.2012 issued by the first respondent till the petitioner attains the age of 65 and to pay all benefits.

For the Petitioner : Mr.K.Sivakumar For the Respondents : Mr.K.Ramanamoorthy Central Govt. Standing Counsel for R1 & R2 No appearance for R3 and R4

Mr.M.Arunkumar for M/s.Sampathkumar and Associates for R5 R6 not ready in notice

ORDER

The writ of mandamus has been filed to forbear the fifth and sixth respondents from terminating members of the petitioner Association as per the annexure enclosed as Security Guard and retain the petitioner as Ex-Central Armed Police Personnel as per the Office Memorandum dated 23.11.2012, issued by the first respondent till the petitioner attains the age of 65 and to pay all benefits.

2. The petitioner is Central Para Military Force Ex - Servicemen Welfare Association. Their members are engaged by the respondents 3 and 4 for providing security services. During the relevant point of time, the petitioner, under the apprehension that they will be terminated, filed a writ petition. Almost five and a half years lapsed and service conditions prevailing is to be followed in the process of initiation of action against the

persons who are engaged by the respondents 3 and 4.

3. However, the writ to forbear the respondents from terminating the members of the petitioner Association at large cannot be granted. More so, appointment and termination is an indigenous process. If any indigenous person is aggrieved, then, the aggrieved person can also approach the competent authority or Court of law.

4. With these observations, the writ petition is dismissed. There will be no order as to costs.

Index : Yes/No 24.03.2023 Neutral Order:Yes/No drm

To:

1. The Secretary to Government The Union of India Ministry of Home Affairs Police Division - II (Re-Settlement & Welfare Directorate) North Block, New Delhi - 110 001.

2. The Secretary to Government The Union of India Department of Ex-Servicemen Welfare New Delhi - 110 001.

3. The Manager BHEL Township Trichy 620 014 Tamil Nadu.

S.M.SUBRAMANIAM,J.

(drm) 24.03.2023