IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN SATURDAY, THE 30TH JANUARY 2010 / 10TH MAGHA 1931 WA.No. 1608 of 2008() -------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.14280/2006 Dated 07/02/2008 .................... APPELLANT(S): RESPONDENT ---------------------- 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, BLOCK NO.13, CGO COMPLEX LODHI ROAD, NEW DELHI-100 003. 3. THE DEPUTY COMMANDANT CISF UNIT CSY 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. MR.P.PARAMESWARAN NAIR,ASST.SOLICITOR MR.T.P.M.IBRAHIM KHAN,ASST.SOLICITOR RESPONDENT(S): PETITIONER -------------------------- P.CHANDRASEKHARA PILLAI (PCS PILLAI), NO.77340082, RETD. NAIK, CISF UNIT, COCHIN SHIPYARD, COCHIN-15. NOW RESIDING AT THIRUVALOOR VADAKKATHIL MUZHANGODI, KALLELIBHAGOM P.O., KARUNAGAPPALLY, KOLLAM DISTRICT., PIN 690 546. BY ADV. MR.B.MOHANLAL THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 30/01/2010 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss K. BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ------------------------------ W.A. No. 1608 OF 2008 ------------------------------ Dated this, the 30th day of January, 2010 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The appellants were the respondents in the Writ Petition. The respondent herein was the writ petitioner. 2. The brief facts of the case are the following: The respondent has served as a Jawan in Indian Army from 1963 to 1973. Thereafter, he joined Central Industrial Security Force (CISF) and worked for 22 years. He voluntarily retired from CISF on 14.3.1999. He opted to get military pension and also family pension from the Military. Later, he moved for changing the family pension to be paid from the civil side instead from the military. Initially, that claim was accepted as per Ext.P3. Later, the respondent did not implement it on realising that a person getting pension from the military side cannot claim family pension from the W.A. No.1608/2008 - 2 - civil side. In the above background, the Writ Petition was filed. The learned Single Judge did not grant the relief sought for by the respondent/writ petitioner. But, finally, directed the appellants 3 and 4, who are the Deputy Commandant of CISF Unit, Cochin Shipyard and the Officer- in-Charge of RPAO, CISF, Chennai, to include the name of his wife and children in the pension records of them, so that, they can claim family pension on his death without any dispute. Feeling aggrieved by the said direction, this Writ Appeal is preferred by the respondents in the Writ Petition. 3. We heard the learned counsel on both sides. From the materials on record, it is clear that for the purpose of family pension from the military the names of the respondent's wife and children have already been incorporated. In view of the above position, the direction of the learned Single Judge was unnecessary. Further, the respondent/writ petitioner did not have any such prayer in the Writ petition also. So, the direction issued by the learned Single Judge is vacated, noticing the submissions of the appellants that the names of the wife and children are W.A. No.1608/2008 - 3 - already incorporated in the respondent's pension records as persons eligible to receive family pension from the military side. The Writ Appeal is disposed of as above. (K. BALAKRISHNAN NAIR, JUDGE) (P.N.RAVINDRAN, JUDGE) ps