IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 21ST OCTOBER 2010 / 29TH ASWINA 1932 WP(C).No. 6962 of 2010(U) ------------------------- PETITIONER: ------------------- C.VARGHESE, (RETD) HEAD CONSTABLE/DVR, NO.893390026 , CHIRYA PARAMBIL HOUSE, AIYERKULANGARA THEKKENADA POST, VAIKOM-686142 KOTTAYAM DISTRICT, KERALA STATE. BY ADV. SRI.N.JAMES KOSHY RESPONDENTS: --------------------- 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY MINISTRY OF HOME AFFAIRS, NEW DELHI 2. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF FINANCE,NEW DELHI. 3. THE DIRECTOR GENERAL, CISF HQRS., 13, CGO COMPLEX, LODHI ROAD,NEW DELHI-110003. 4. THE PAY & ACCOUNTS OFFICER, CENTRAL PENSION ACCOUNTING OFFICE, MINISTRY OF FINANCE, TRIKOOT-II, BHIKAJI KAMA PLACE,NEW DELHI-110066. 5. THE REGIONAL PAY & ACCOUNTING OFFICER, CISF (MHA) 3RD FLOOR, D WING, BESANT NAGAR, CHENNAI-600090. 6. THE COMMANDANT, CISF UNIT, COCHIN INTERNATIONAL AIRPORT (CIAL) NEDUMBASSERY COCHIN. ADDL. 6TH RESPONDENT IMPLEADED -------------------------------------------------------- ADDL.R6. THE DEPUTY INSPECTOR GENERAL CISF AIRPORT SETION, BLOCK-D, RAJAJI BHAVAN, BESANT NAGAR, CHENNAI 600 090; IMPLEADED VIDE ORDER DT. 15.9.10 IN IA. 12022/10 R1 TO 7 BY ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDIA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 6962 of 2010(U) ------------------------------------ APPENDIX ------------------ PETITIONER'S EXHIBITS. ------------------------------------ EXT.P1. COPY OF DISCHARGE CERTIFICATE DATED 10.082009 EXT.P2. COPY OF PENSION CALCULATION SHEET EXT.P3. COPY OF REPRESENTATION DATED 30.9.09 TO DG, CISF. RESPONDENT'S EXHIBITS --------------------------------------- EXT.R1 (E). COPY OF THE LETTER , LETTER NO.E-31016/4/APS/ESTT/09-9172 DATED 07.09.2010 EXT.R1(F). COPY OF THE REPRESENTATION DATED 16.01.2009 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS. P.A. TO JUDGE / TRUE COPY / VK S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 6962 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of October, 2010 J U D G M E N T The petitioner, an employee of the CISF has filed this writ petition complaining that, despite his retirement, he has not been paid retirement benefits like DCRG, General Provident Fund, Commuted Value of Pension, Leave encashment as also benefits of Modified Assured Career Progression (MACP) Scheme. Now it is admitted that, all other amounts except benefits under the Modified Assured Career Progression (MACP) Scheme have been paid to the petitioner. By order dated 02.09.2010, I had directed the respondents to see that, a decision on the question of eligibility of the petitioner for benefits under the MACP Scheme is taken within a period of six weeks from that date. A statement has been filed by the Assistant Solicitor General producing therewith Ext.R1 (E) order on the claim of the petitioner for benefits of MACP Scheme. As per the W.P.(C)No. 6962 of 2010 -2- same, the claim has been rejected on the ground that, the petitioner refused to accept a regular promotion which is a bar for claiming benefits under the MACP Scheme. The counsel for the petitioner points out that, as per Ext.R1 (F) produced by the respondents themselves, the petitioner had not refused the promotion, but had only requested that his transfer to outside Kochi consequent on the promotion be withdrawn. I am not going into the rival contentions on this point insofar as now that Ext.R1 (E) order has been passed, the petitioner has to challenge the same appropriately. Accordingly, this writ petition is disposed of without prejudice to the right of the petitioner to file a fresh writ petition for the benefits under the MACP Scheme challenging Ext.R1 (E) also appropriately. S. SIRI JAGAN JUDGE shg/