IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 27TH FEBRUARY 2009 / 8TH PHALGUNA 1930 WA.No.259 of 2009 ---------------------- AGAINST THE JUDGEMENT IN WP(C).13092/2008 Dated 11/08/2008 .................... PETITIONERS/APPELLANTS: ------------------------------- 1. THE DIRECTOR GENERAL, CISF, CISF Hqrs., MINISTRY OF HOME AFFAIRS, BLOCK No.13, CGOs COMPLEX, LODHI ROAD, NEW DELHI - 110 003. 2. THE COMMANDANT, CISF UNIT, NLC NEYVELI, NEYVELI, CUDDALORE DISTRICT, TAMIL NADU. 3. THE COMMANDANT, CISF UNIT, VSSC, THUMBA, THIRUVANANTHAPURAM - 695 022. BY MR.P.PARAMESWARAN NAIR, ASST.SOLICITOR GENERAL. RESPONDENT/ RESPONDENT: --------------------------------- G.M.KUMAR, HC/GD, No.7332301677, CISF UNIT, VSSC, THUMBA, DETT; REPLACE, VATTIYOORKAVU, THIRUVANANTHPURAM. BY MR.SASIDHARAN CHEMBAZHANTHIYIL, ADVOCATE. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ. ------------------------------------------ Writ Appeal No.259 OF 2009 ------------------------------------------ Dated this the 27th day of February, 2009. J U D G M E N T Kurian Joseph, J. The respondents in W.P.(C) No.13092 of 2008 are the appellants. The issue pertains to the grant of financial up-gradation under the Assured Career Progression Scheme. The benefits were granted to the writ petitioner, but when the same was sought to be recovered he approached this Court. 2. The learned Single Judge allowed the writ petition following Exhibit P7 judgment of this Court in W.P.(C) No.7497 of 2004 which was confirmed by the Division Bench in Writ Appeal No.288 of 2008. Learned Assistant Solicitor General submits that the matter is now pending before the Supreme Court. The parties submit that they shall abide by the decision of the Supreme Court and hence this writ appeal can be disposed of on the basis of the undertaking that the writ petitioner will also W.A.No.259/2009 2 abide by the outcome of the matter said to be pending before the Supreme Court since the writ petitioner need not be relegated in separate proceedings before the Supreme Court. Therefore, this writ appeal is disposed of making it clear that any further steps for recovery, if required, shall be made only after the decision of the Supreme Court in the matter said to be pending before the Apex Court against the judgment in the writ appeal referred to above. KURIAN JOSEPH JUDGE S.S.SATHEESACHANDRAN JUDGE smp W.A.No.259/2009 3 KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ. W.A. No.259 OF 2009 J U D G M E N T 27.02.2009