IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 13TH MARCH 2009 / 22ND PHALGUNA 1930 OP.No. 2575 of 1999(F) ---------------------- PETITIONER(S): --------------- C.K.MADHUSOODHANAN, S/O.LATE K.CHANTHU NAIR, THATTATH HOUSE, P.O.ANGADIPPURAM, MALAPPURAM DIST. BY ADV. SMT.PRABHA R.MENON SRI.KODOTH PUSHPARAJAN RESPONDENT(S): --------------- 1. DY. DIRECTOR (COMMUNICATIONS), DIRECTORATE GENERAL CRPF, CGO COMPLEX, BLOCK NO.1, LODHI ROAD, NEW DELHI. 2. THE DIRECTOR GENERAL, CENTRAL RESERVE POLICE FORCE, CGO COMPLEX, LODHI ROAD, NEW DELHI. 3. THE COMMANDANT, 2 SIGNAL BATTALIAN, CENTRAL RESERVE POLICE FORCE, HYDERABAD-05. 4. UNION OF INDIA, REP. BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI. 5. ADDL. INSPECTOR GENERAL OF POLICE, SIGNAL GROUP CENTRE, CENTRAL RESERVE POLICE, RANJI, BIHAR STATE. 6. THE DIRECTOR GENERAL, PAY AND ACCOUNTS OFFICE, CRPF, NEW DELHI-03. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR GENERAL THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 13.3.2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.No. 2575/99. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE CERTIFICATE P2. COPY OF THE ORDER DTD.21.12.84 BY R3. P3. COPY OF THE REPRESENTATION DTD.19.4.85 TO R3. P4. COPY OF THE LETTER BY R3 TO R1 DTD.13.5.85. P5. COPY OF THE ORDER OF R1 DTD.21.5.85. P6. COPY OF THE REPRESENTATION DTD.28.6.85 TO R1. P7. COPY OF THE LETTER TO COMMANDANT, SIGNAL GROUP CENTRAL, CRPF, NEEMUCH DTD.7.7.85. P8. COPY OF THE LETTER TO R1 DTD.12.8.85. P9. COPY OF THE ORDER BY R1 DTD.14.8.85. P10. COPY OF THE REPRESENTATION DTD.17.10.85 TO R2. P11. COPY OF THE ORDER DTD.29.11.85 BY R1. P12. COPY OF THE REPRESENTATION DTD.1.4.86 TO THE HOME MINISTER OF INDIA. P13. COPY OF THE REPRESENTATION DTD.30.12.86 TO -D0- P14. COPY OF THE ORDER BY R1 DTD.14.1.87. P15. COPY OF THE ORDER BY R1 DTD.20.3.87. P16. COPY OF THE JUDGMENT IN O.P.No. 1692/93 OF THIS COURT. P17. COPY OF THE ORDER DTD.11.11.97 BY R1. P18. COPY OF THE ORDER DTD.9.2.98 BY R5. P19. COPY OF THE REPRESENTATION DTDE.8.3.98 TO R5. P20. COPY OF THE REPLY DTD.3.4.98 BY R5. P21. COPY OF THE REPRESENTATION DTD.13.5.98 TO R5. P22. COPY OF THE LETTER DTD.8.6.98 OF R2. P23. COPY OF THE APPLICATION DTD.11.7.98. P24. COPY OF THE ORDER DTD.21.8.98 BY R6. P25. COPY OF THE OBJECTION DTD.2.9.98 TO R1. P26. COPY OF THE LETTER BY R2 TO R5. RESPONDENT(S)' EXHIBITS: R3A. COPY OF THE LETTER DTD.26.11.84. B. COPY OF THE APPLICATION TO ENCASH EARNED LEAVE/HALF PAY LEAVE DTD.28.11.84. ///True copy/// P.A. to Judge Sdk+ S.SIRI JAGAN, J. ================== O.P.No. 2575 of 1999 ================== Dated this the 13th day of March, 2009 J U D G M E N T The petitioner entered the Central Reserve Police in 1969. He was promoted to the post of Naik in 1971 and to the post of Head Constable in 1977. In 1984 he became an invalid. Ext.P1 is the invalidation certificate pursuant to which, by Ext.P2 order, the petitioner was invalided out of service with effect from 25.12.1984. At that time, the petitioner had 105 days of earned leave and 241 days of half pay leave to his credit. The petitioner raised a claim that his service should be extended by that period, so that he would be eligible for enhanced pensionary benefits taking into account the pay revision which was implemented in between. That claim of the petitioner was considered by this Court in O.P.No.1692/1993 and, by Ext.P16 judgment, this Court held that the petitioner is entitled to such extension of service for the period of leave, which was remaining to his credit at the time of invaliding out of service. Thereafter, Ext.P17 order was passed by which that benefit was granted to the petitioner. But while fixing his pension, his pension was revised from Rs.135/- to only Rs.140/- by Ext.P24 order. The petitioner is challenging Ext.P24 order stating that he is entitled to higher pension than granted by Ext.P24. 2. A counter affidavit has been filed by the respondents, in o.p.2575/99 2 paragraph 7 of which, it is stated thus: “7. It is true that pursuant to the judgment of the Hon'ble High Court of Kerala, the case of the petitioner for refixation of date of invalidation as 24.4.1985 was taken upto settle the issue within time limit set by the Hon'ble Court. Accordingly, the Deputy Director's Office issued amendment order with regard to the change in date of invalidation vide his officer letter No.J.II-1/87-C dated 11.11.87 and directed SGC/PAO to draw pension and other pensionary benefits accordingly. Further, the SGC CRPF Ranchi has forwarded the case to PAO, CRPF, New Delhi to revise the pension vide SGC Ranchi letter dated 6.10.1998. Now PAO, CRPF has issued revised pension order vide their letter No.CRPF/8170/IP/PEN-5 dated 6.3.1999 refixing the pension of the petitioner as Rs.1,275/- per month. A copy of the order has been communicated to the petitioner vide this office letter No.P.III-4/99-EC-I dated 11.3.1999.” 3. The petitioner would be satisfied with that pension with effect from the date of his retirement from service. The counter affidavit does not state as to from what date that revision comes into effect. Taking into account the facts and circumstances of the case, I am of opinion that the petitioner should be given that pension with effect from his date of retirement. Accordingly, I quash Ext.P24 order and hold that the petitioner is entitled to revised pension at the rate of Rs.1275/- per month with effect from his date of retirement. Orders in this regard shall be issued and arrears disbursed to the petitioner, if any, as expeditiously as possible, at any rate, within three months from the date of receipt of a certified copy of this judgment.. The original petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge o.p.2575/99 3 S.SIRI JAGAN, J. ================== O.P.No. 2575 of 1999-F ================== J U D G M E N T 13th March, 2009