High Court of KeralaWP(C)/1786/2015disposed of

S.Navas v. Union Of India

2015-03-05Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 5TH DAY OF MARCH 2015/14TH PHALGUNA, 1936 WP(C).No. 1786 of 2015 (W) --------------------------- PETITIONER:

-------------------- S. NAVAS, AGED 44 YEARS, S/O.M. SAINUDEEN RAWTHER, CONSTABLE, OFFICE OF THE SUB INSPECTOR PROTECTION FORCE/ RAILWAY PROTECTION FORCE, SOUTHERN RAILWAY, ALUVA, PERMANENT ADDRESS: "NAVAS MANZIL'', MANNADY. P.O., PATHANAMTHITTA DISTRICT-691 530. BY ADVS.SRI.T.C.GOVINDA SWAMY, SMT.T.N.SREEKALA.

RESPODENTS:

----------------------

1. UNION OF INDIA, REPRESENTED BY SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF RAILWAY, NEW DELHI-110 001.

2. THE DIVISIONAL SECURITY COMMISSIONER, RAILWAY PROTECTION FORCE, SOUTHERN RAILWAY, TRIVANDRUM DIVISIONAL HEAD QUARTERS, TRIVANDRUM-695 014.

3. THE INSPECTOR PROTECTION FORCE, RAILWAY PROTECTION FORCE/ERNAKULAM, SOUTHERN RAILWAY, ERNAKULAM JUNCTION RS AND PO, KOCHI-682 016.

4. THE SUB INSPECTOR OF PROTECTION FORCE, RAILWAY PROTECTION FORCE, SOUTHERN RAILWAY, RS AND PO., ALUVA-683 101.

BY ADV. SRI.C.S.DIAS, SC.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 1786 of 2015 (W) APPENDIX PETITIONER'S EXHIBITS:- EXT.-P1 A TRUE COPY OF ORDER BEARING NO.VXP/227/153/14 DATED 15.08.2014 ISSUED BY THE 2ND RESPONDENT. EXT.P2 A TRUE COPY OF MEMORANDUM BEARING NO.VXP/227/153/MISC/14, DATED 15.08.2014 ISSUED BY THE 2ND RESPONDENT.

EXT.P3 A TRUE COPY OF TA JOURNAL FOR THE PERIOD FROM 04.08.2014 UP TO THE MONTH OF DECEMBER 2014,SUBMITTED BY THE PETITIONER.

EXT.P4 A TRUE COPY OF REPRESENTATION DATED 04.12.2014 ADDRESSED TO THE 2ND RESPONDENT.

EXT.P5 A TRUE COPY OF REPRESENTATION DATED 08.01.2015 ADDRESSED TO THE 2ND RESPONDENT.

RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.A. TO JUDGE rs.

A.MUHAMED MUSTAQUE, J.

***************************************************** W.P.(C) No.1786 of 2015 ***************************************************** Dated this the 5th day of March, 2015

JUDGMENT

The petitioner is a Constable in the Railway Protection Force. The petitioner is working at Aluva and he is staying at Ernakulam. The petitioner submits that he is entitled for Travelling Allowances/Daily allowances as claimed in Ext.P3. The petitioner approached the second respondent by Ext.P4 representation for disbursal of Travelling Allowances/Daily Allowances. The petitioner has a further grievance that the third respondent is not forwarding Ext.P3 to the second respondent.

In view of the above, if the third respondent has not forwarded Ext.P3, necessary decision shall be taken by the second respondent on Ext.P4 within a period of one month after affording an opportunity of hearing to the petitioner. If

W.P.(C) No.1786 of 2015 2 it is found that the petitioner is entitled, necessarily, the second respondent shall direct the third respondent to forward Ext.P3 and ensure that the Travelling Allowances/Daily Allowances are disbursed to the petitioner.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln