High Court of KeralaWP(C)/35548/2015disposed of

National Ex-Servicemen Co-Ordination Committee v. Union Of India

2015-11-24Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 24TH DAY OF NOVEMBER 2015/3RD AGRAHAYANA, 1937 WP(C).No. 35548 of 2015 (P) ---------------------------------------- PETITIONER(S):

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

1. NATIONAL EX-SERVICEMEN CO-ORDINATION COMMITTEE (NEXCC), KERALA STATE (REGN.NO.535/99 AND APPROVED BY GOVERNMENT) 3RD FLOOR, INDO-PERSIAN NJK SQUARE, VALANJAMBALAM, KOCHI - 16, REPRESENTED BY STATE GENERAL SECRETARY GARVASIS, S/O.PROTHASIS, AGED 66 YEARS, VATTUKALAM, P.O.MANASSERI MUKKAM KOZHIKODE DISTRICT - 673 602.

2. HAREESH C.K, S/O.C.KRISHNAN, CHELLATH HOUSE, ERANJOLI P.O., THALASSERY, KANNUR DISTRICT.

BY ADVS.SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENT(S):

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

1. UNION OF INDIA, REPRESENTED SECRETARY TO GOVERNMENT, MINISTRY OF DEFENCE, NEW DELHI - 110001.

2. SECRETARY TO GOVERNMENT, UNION OF INDIA, MINISTRY OF PERSONNEL GRIEVANCESAND PENSION, NEW DELHI - 110 001.

BY ADVS. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL SMT.PREMLATHA K. NAIR, CGC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 35548 of 2015 (P) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P-1:

TRUE COPY OF THE LETTER DATED 24.4.1995 ISSUED BY THE IST RESPONDENT EXT.P-2:

TRUE COPY OF THE NOTIFICATION ISSUED BY THE 2ND RESPONDENT DATED 4.10.2012 EXT.P-3:

TRUE COPY OF THE NOTIFICATION DATED 9.7.2012 ISSUED BY THE MINISTRY OF DEFENCE EXT.P-4:

TRUE COPY OF THE NOTIFICATION ISSUED BY THE FOOD CORPORATION OF INDIA DATED 17.5.2013 EXT.P-5:

TRUE COPY OF THE REPRESENTATION DATED 12.10.2015 SUBMITTED BEFORE THE RESPONDENTS 1 AND 2 BY THE PETITIONERS ASSOCIATION.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.35548 of 2015 ****************************************************************************** Dated this the 24th day of November, 2015

JUDGMENT

The first petitioner is a registered organization of Ex-servicemen. The second petitioner is an Ex-serviceman. The case of the petitioners is that the appointment of Ex-servicemen under the private security agencies are controlled by the provisions of the Private Security Agencies Regulation Act, 2005. In the Regulation, the upper age is fixed.

2. The petitioners refer to Ext.P2, the Government of India notification dated 4.10.2012, wherein for the appointment to any vacancy in Group A and Group B posts, the upper age limit shall be relaxed by the length of military service increased by three years in the case of Exservicemen. Therefore, to avail that benefit, the petitioners approached the first respondent as per Ext.P5. In the light of the facts and circumstances, there shall be a direction to the first respondent to consider Ext.P5 within three months after issuing notice to the first petitioner. The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln