High Court of KeralaWP(C)/35055/2014disposed of

B.Surendran v. The Secretary

2015-01-15Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 15TH DAY OF JANUARY 2015/25TH POUSHA, 1936 WP(C).No. 35055 of 2014 (F) ------------------------------------------ PETITIONER(S) :

------------------------ B.SURENDRAN, AGED 66 YEARS, IRLA NO.86433420, RETIRED SECOND IN COMMAND, B.S.F., VENKADADRI, KALLIYOOR(P.O), THIRUVANANTHAPURAM-695 042. BY ADVS.SRI.G.BIJU SRI.S.JAYAPRAKASH (MADAVOOR) RESPONDENT(S):

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

1. THE SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NORTH BLOCK CABINET SECRETARIAT, RAISINA HILL, NEW DELHI-110 001.

2. THE DIRECTOR GENERAL, BORDER SECURITY FORCE, BLOCK NO.10, 5TH FLOOR, CGO COMPLEX, LODHI ROAD, NEW DELHI-110 003.

BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 35055 of 2014 (F) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:

TRUE COPY OF THE ORDER ALONG WITH RELEVANT PORTION OF SENIORITY LIST DATED 09.11.1994 ISSUED BY THE 2ND RESPONDENT REVISING THE SENIORITY OF INSPECTORS IN B.S.F. P2:

TRUE COPY OF THE LETTER DATED 30.01.2002 FROM INSPECTOR GENERAL, B.S.F. TO THE CHIEF VIGILANCE OFFICER OF AIRPORT AUTHORITY OF INDIA. P3:

TRUE COPY OF THE COMMUNICATION DATED 14.03.2005 GIVEN TO THE PETITIONER FROM THE OFFICE OF 2ND RESPONDENT. P4:

TRUE COPY OF THE REPLY DATED 06.02.2014 GIVEN BY THE 2ND RESPONDENT.

P5:

TRUE COPY OF THE REPRESENTATION DATED 24.11.1999 GIVEN BY PETITIONER TO 2ND RESPONDENT.

P6:

TRUE COPY OF THE APPEAL LETTER NO.33420 DATED 12.06.2014 SUBMITTED BY PETITIONER BEFORE THE 2ND RESPONDENT.

P7:

TRUE COPY OF THE SUPPLEMENT LETTER NO.ARBOA/225/2014 DATED 17.10.2014.

P8:

TRUE COPY OF THE LETTER DATED 23.09.2014 RECEIVED FROM THE OFFICE OF 2ND RESPONDENT.

RESPONDENT(S)' EXHIBITS ----------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

A.MUHAMED MUSTAQUE, J.

***************************************************** W.P.(C) No.35055 of 2014 ***************************************************** Dated this the 15th day of January, 2015

JUDGMENT

The petitioner is retired as Second In Commandant from the Border Security Force. The petitioner submits that he had an unblemished record of 371⁄2 years in the Border Security Force. The petitioner submits that he was denied promotion illegally by respondents. Ultimately, by virtue of Ext.P1 order, his seniority was restored. However, he points out that several juniors were promoted overlooking him. It is submitted that in the month of February, 2014 a reply was given on the petitioner's objection regarding promotion. Thereafter, the petitioner has preferred Exts.P6 and P7 appeals. The petitioner submits that these appeals have been forwarded by Ext.P8 to the first respondent. The petitioner's only request before this Court is for an early disposal of Exts.P6 and P7 appeals.

W.P.(C) No.35055 of 2014 2 Considering the facts and circumstances, there shall be a direction to the first respondent to consider Ext.P6 and P7 in the light of Ext.P8 within a period of three months after affording an opportunity of hearing to the petitioner. The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln