High Court of KeralaWP(C)/31779/2014disposed of

P.Pillai v. Joint Assistant Director(Accounts)

2015-01-16Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 16TH DAY OF JANUARY 2015/26TH POUSHA, 1936 WP(C).No. 31779 of 2014 (V) ---------------------------- PETITIONER(S):

--------------- P.PILLAI AGED 77 YEARS S/O.LATE K.K.KESAVA PILLAI INSPECTOR GENERAL (RETD)BORDER SECURITY FORCE KAILAS', EDAYARANMULA P.O, PATHANAMTHITTA DISTRICT PIN - 689 532.

BY ADVS.SRI.C.S.GOPALAKRISHNAN NAIR SMT.CHANDINI G.NAIR RESPONDENT(S):

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

1. JOINT ASSISTANT DIRECTOR(ACCOUNTS) PAY AND ACCOUNTS DIVISION, BORDER SECURITY FORCE PUSHPA BHAVAN, MADANGIR, NEW DELHI-110063.

2. CHIEF CONTROLLER CENTRAL PENSION ACCOUNTING OFFICE TRIKOOT II COMPLEX, BHIKAJICAMA PLACE, R.K.PURAM NEW DELHI - 110066.

3. DIRECTOR GENERAL OF BORDER SECURITY FORCE BLOCK NO.10, CGO COMPLEX, LODHI ROAD NEW DELHI - 110003.

4. UNION OF INDIA REPRESENTED BY ITS SECRETARY DEPARTMENT OFPENSION AND PENSIONER'S WELFARE SOUTH BLOCK, NEW DELHI - 110001.

R1-R4 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 31779 of 2014 (V) APPENDIX PETITIONER(S)' EXHIBITS :

---------------------- EXT.P-1: PENSION PAYMENT ORDER NO.240559503249 EXT.P-2: A TRUE COPY THE PAY STRUCTURE OF BSF EXT.P-3: A TRUE COPY OF THE REVISED P.P.O 240559503249/1523242/A4 DATED 18.1.2014 EXT.P-4: A TRUE COPY OF THE ORDER DT.16.8.2013 IN OA NO.1051/2012 EXT.P-5: A TRUE COPY OF THE JUDGEMENT OP(CAT) NO.4/14 DT.7.1.2014 EXT.P-6: A TRUE COPY OF THE REPRESENTATION DT.9.2.2014 RESPONDENT(S)' EXHIBITS:NIL True Copy/ P A to Judge

A.MUHAMED MUSTAQUE, J.

========================= W.P(C).No.31779 of 2014 ============================ Dated this the 16th day of January, 2015

JUDGMENT

Petitioner was retired as Inspector General from the Border Security Force on 28.02.1995. Petitioner's present grievance is based on the 6th Central Pay Commission recommendation, he is entitled to revise pensionary benefits. Petitioner relies on the judgment of this Court in T.R.Gopalakrishnan Nair Vs. The Deputy Director (Accounts) in W.P(C).No.26509 of 2014 dated 19.11.2014. This Court allowed the above Writ Petition by directing the respondent authorities to revise the pension with reference to the revised pensionary benefits with effect from 01.01.2006 in tune with the Cabinet Resolution in O.M(F). No.38/37/08-P&PW(A) dated 01.09.2008.

In the light of the above, the issue is covered in favour of the petitioner. There shall be a direction to the first respondent to revise pensionary benefits to the petitioner with effect from 01.01.2006 as directed in the judgment of this Court in W.P(C). No.26509 of 2014. Needful shall be done within a period of three months from the date of receipt of a copy of this judgment.

W.P(C).No.31779 of 2014 The Writ Petition is disposed of.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.

Sbna/16/01/15