High Court of KeralaWP(C)/25113/2015closed

Navas A v. The Commandant

2015-10-05Honourable Mr.Justice K.Vinod Chandran5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 5TH DAY OF OCTOBER 2015/13TH ASWINA, 1937 WP(C).No. 25113 of 2015 (L) ------------------------------------ PETITIONER(S):

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1. NAVAS A, NO 941110975 HEAD CONSTABLE/DRIVER, GROUP CENTRE, CENTRAL RESERVE POLICE FORCE, PALLIPURAM THIRUVANANTHAPURAM 695 316 BY ADV. SRI.S.VISHNU RESPONDENT(S):

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1. THE COMMANDANT, GROUP CENTRE, CENTRAL RESERVE POLICE FORCE, PALLIPURAM, THIRUVANANTHAPRUAM-685 316

2. THE DEPUTY INSPECTOR GENERAL OF POLICE, GROUP CENTRE, CENTRAL RESERVE POLICE FORCE, PALLIPURAM THIRUVANANTHAPRUAM 695 316

3. THE INSPECTOR GENERAL, SOUTHERN SECTOR, CENTRAL RESERVE POLICE FORCE, ROAD NO 10C, NEW MP/MLA COLONY, GAYATHRI HILLS, HYDERABAD 500 033

4. INSPECTOR GENERAL OF POLICE(PERSONNEL), DIRECTORATE GENERAL, CENTRAL RESERVE POLICE FORCE CENTRAL GOVERNMENT OFFICE COMPLEX, LODHI ROAD NEW DELHI 11003

5. THE DIRECTOR GENERAL DIRECTORATE, CENTRAL RESERVE POLICE FORCE CENTRAL GOVRNMENT OFFICE COMPLEX, LODHI ROAD NEW DELHI 110 003

6. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI 110 001 R1-R6 BY ADV. SMT.O.M.SHALINA, CGC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 25113 of 2015 (L) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 TRUE COPY OF THE TREATMENT CERTIFICATE ISSUED BY THE ADDITIONAL PROFESSOR OF PSYCHIATRY, THIRUVANANTHAPURAM MEDICAL COLLEGE EXHIBIT P2 TRUE COPY OF THE STANDING DISABILITY ASSESSMENT BOARD CERTIFICATE ISSUED VIDE NO 2173 DATED 27-11-2012 EXHIBIT P3 TRUE COPIES OF THE MEDICAL RECORDS TO SHOW THAT CONTINUOUS TREATMENT IS BEING GIVEN TO THE PETITIONER'S BROTHER EXHIBIT P4 TRUE COPY OF THE OFFICE ORDER NO T.IX.1/2014-ESTT-1 DATED 13-2- 2014 ISSUED BY THE DIGP,PALLIPURAM EXHIBIT P5 TRUE COPY OF THE COMMUNICATION NO T.

IX-4/2014-ADM-2 DATED 6-3- 2014 ISSUED BY THE INSPECTOR GENERAL, HYDERABAD EXHIBIT P6 TRUE COPY OF THE REQUEST DATED 27-06-2015 SUBMITTED BY THE PETITIONER EXHIBIT P7 TRUE COPY OF THE REQUEST DATED 2-7-2015 SUBMITTED BY THE PETITIONER EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED 03-07-2015 IN W.P(C) NO 13276/2014 EXHIBIT P9 TRUE COPY OF THE ORDER NO P. III.1/2015-PENSION DATED 7-08-2015 ISSUED BY THE 1ST RESPONDENT EXHBIIT P10 TRUE COPY OF THE MOVEMENT ORDER DATED 12-08-2015 ISSUED BY THE 1ST RESPONDENT EXHIBIT P11 TRUE COPY OF THE REPRESENTATION DATED 13-08-2015 BY THE PETITIONER TO THE DIRECTOR GENERAL EXHIBIT P12 TRUE COPY OF THE QUESTIONS RAISED IN THE RAJYA SABHA REGRDING VOLUNTARY RETIREMENT CASES IN PARA-MILITARY FORCE LIKE CRPF EXHIBIT P13: TRUE COPY OF THE REQUEST DATED 24.8.2015 TO THE DIRECTOR GENERAL, CRPF.

EXHIBIT P14: TRUE COPY OF THE ORDER ISSUED BY THE COMPANY COMMANDER DATED 1.10.2015 RESPONDENT(S)' EXHIBITS ----------------------------------------- EXHIBIT R1(A): TRUE COPY OF ORDER NO.T.IX.1/2015-EC-I DATED 24/08/15 ISSUED BY GC PALLIPURAM Cont...3

EXHIBIT R1(B): TRUE COPY OF LETTER NO.J.II.394/2015-L WP-II DATED 21.08.2015 ISSUED BY DIGP (LAW) DIRECTORATE GENERAL, CRPF, NEW DELHI EXHIBIT R1(C): TRUE COPY OF LETTER NO.T.IX.16/2013-ESTT DATED 24.12.2013 ISSUED BY DIG (ESTABLISHMENT) DIRECTORATE GENERAL, CRPF, NEW DELHI EXHIBIT R1(D): TRUE COPY OF UNDERTAKING CERTIFICATE OF THE PETITIONER. EXHIBIT R1(E): TRUE COPY OF THE ORDER DATED 12/8/15 ISSUED BY THE COMMANDANT CRPF.

//TRUE COPY// P.A TO JUDGE

K.VINOD CHANDRAN, J.

--------------------------------------- W.P.(C).No.25113 of 2015 ---------------------------------------- Dated this the 5th day of October, 2015

JUDGMENT

The petitioner was before this Court challenging the transfer of the petitioner from Group Centre, Pallipuram to 170 Battalion, Bijapur, Chattisgarh evidenced by Ext.P10 movement order. Though the petitioner had many contentions against the transfer, the petitioner in the meanwhile had submitted an application for voluntary retirement, which was considered and allowed; permitting the petitioner to voluntarily retire on 01.10.2015. The petitioner had also been continuing in the Group Centre, Pallipuram on the basis of the interim order passed by this Court.

2. Today when the matter was taken up the learned CGC Smt.O.M.Shalina on instruction submits that the petitioner's name has been struck off from the rolls;

W.P.(C).No.25113 of 2015 on voluntary retirement. Nothing survives in the writ petition. The petitioner would be deemed to have retired voluntarily, from Group Centre, Pallipuram.

The writ petition would stand closed. No costs. Sd/- K.VINOD CHANDRAN JUDGE