IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 7TH FEBRUARY 2008 / 18TH MAGHA 1929 WP(C).No. 14280 of 2006(Y) ---------------------------------------- PETITIONER: -------------------- P.CHANDRASEKHARA PILLAI (PCS PILLAI), NO.77340082, RETIRED NAIK, CISF UNIT, COCHIN SHIPYARD, COCHIN-15. NOW RESIDING AT THIRUNALOOR VADAKKETHIL MUZHANGODI, KALLELIBHAGOM P.O., KARUNAGAPPALLY, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL SMT.MEREENA JOSEPH RESPONDENTS: ------------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI. 2. THE DIRECTOR GENERAL OF CENTRAL INDUSTRIAL SECURITY FORCE (CISF), CISF DIRECTORATE, LODHI ROAD, NEW DELHI-100 003. 3. THE DEPUTY COMMANDANT CISF UNIT, COCHIN SHIPYARD, COCHIN-15. 4. THE OFFICER IN CHARGE, RPAO, CISF(MHA), 3RD FLOOR, `D' WING, RAJAJI BHAVAN, BASANT NAGAR, CHENNAI-600 090. BY ADV. SRI.JOHN VARGHESE, ASSISTANT SG SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.14280/2006 Y APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE JUDGMENT IN O.P.NOS.458/96 DTD. 7/08/97 OF THIS HON'BLE COURT. EXT.P2: COPY OF THE JUDGMENT IN O.P.NO.1723/03 DTD.26/05/04 OF THIS HON'BLE COURT. EXT.P3; COPY OF THE ORDER NO.F-28014/ADM.111/10/PCS/CSY/2631 DTD. 12/08/99 ISSUED BY THE 3RD RESPONDENT. EXT.P4: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DTD. 12/10/04. EXT.P5: COPY OF THE POSTAL ACKNOWLEDGEMENT CARD EVIDENCING THE RECIEPT OF EXHIBIT P4. EXT.P6: COPY OF THE REMAINDER FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DTD. 21/12/05. EXT.P7: COPY OF THE POSTAL ACKNOWLEDGEMENT CARD EVIDENCING THE RECEIPT OF EXHIBIT P6. EXT.P8: COPY OF THE ORDER NO.E-42099/WEDL/ADM./94/1045 DTD. 07/03/1994 ISSUED BY THE 3RD RESPONDENT. 3RD RESPONDENT'S EXHIBITS: EXT.R3(A): COPY OF THE RELEVANT PAGE OF THE CCS (PENSION) RULES DTD. NIL. EXT.R3(B): COPY OF THE PENSION CERTIFICATE OF THE PETITIONER DTD. 26/10/983. EXT.R3(C): COPY OF RULE 54 (13) OF THE CCS (PENSION) RULES DTD. NIL. /TRUE COPY/ P.A. TO JUDGE Kss V.GIRI,J. ------------------------- W.P ( C) No. 14280 of 2006 -------------------------- Dated this the 7th February, 2008 J U D G M E N T Petitioner was a Jawan in the Army during 1963-1973. He was then re-employed in the Central Industrial Security Force for a period of about 22 years and he voluntarily retired from CISF on 14.3.1999. He was sanctioned pension on the military side taking note of his re-employment in the CISF and retirement thereafter. In other words, petitioner is drawing military pension on his option. Later, petitioner filed an application for changing his option for family pension to one on the civil side. This was originally accepted by the 3rd respondent, as evidenced by Exhibit P3 order. The petitioner then wanted to include the name of his wife and children in the pension payment order for family pension. Exhibit P4 and thereafter Exhibit P6 was submitted by him in this behalf. That was not responded to. Hence the writ petition. 2. A counter affidavit has been filed by the respondents. It is contended that since military pension had already been W.P ( C) No. 14280 of 2006 2 authorised in favour of the petitioner and he had opted for family pension on the Military side, he is not entitled to re-opt for family pension on the civil side on account of Sub rule 13 (A) of Rule 54 of CCS Pension Rules, 1972. According to them, Exhibit P3 order was issued by the 3rd respondent without noticing the rule. The request on the part of the petitioner to endorse the name of the his wife and children in the Pension Payment Order. In so far as it relates to the family pension on the military side will be attended to. 3. Learned counsel for the petitioner refers to Exhibit P8 produced along with the reply affidavit to show that in spite of the communication from the 3rd respondent that is yet to be done in the pension payment order. 4. Going by Rule 54 (13)(A) ii (b) of CCS Pension Rules, an option exercised by the petitioner for family pension on the military side cannot thereafter be changed. If that be so, Exhibit P3 is not in terms of the Rules and respondents are justified in submitting that the petitioner's family cannot be permitted to draw pension on the civil side after cancelling the option for family pension on the military side. W.P ( C) No. 14280 of 2006 3 5. But in so far as the petitioner's request for endorsing the name of his wife and children for family pension, there is no reason why the petitioner's request should not be accepted. In the result, this writ petition is disposed of directing the 3rd and 4th respondent to effect the necessary changes in the service records of the petitioner in so far as it relates to the payment of family pension and substitute the name of the petitioner's wife and children as nominees for the family pension in the place of the existing nominees. Needful shall be done within two months from the date of receipt of a copy of this judgment. (V.GIRI, JUDGE) ma W.P ( C) No. 14280 of 2006 4 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER 25th May, 2007