Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE SMT. JUSTICE P.V.ASHA FRIDAY, THE 20TH DAY OF DECEMBER 2019 / 29TH AGRAHAYANA, 1941 PETITIONER: GEORGE.M.E., AGED 52 YEARS, EX-L/NK, MAMOOTIL PUTHEN BUNGLOW, THAMARAKKULAM P.O, ALAPPUZHA DIST. KERALA - 690 530. BY ADV. SRI.P.J.JOSEPH RESPONDENTS:
1 UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI - 110001. 2 DIRECTOR GENERAL, BORDER SECURITY FORCE, BSF FORCE HQS, C.G.O COMPLEX, 10TH BLOCK, LODHI ROAD P.O, NEW DELHI - 110 003. 3 THE ACCOUNTS OFFICER, PAD BSF (PENSION III SECTOR), PUSHPA BHAVAN, MADANGIR P.O., NEW DELHI - 110062. 4 THE COMMANDANT, 29 BATTALION B.S.F., MANDOT, FEROZPUR, PIN - 152023, PUNJAB. BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The petitioner, who was working as a Constable in BSF, was awarded Police medal for Gallantry which entitles him special allowance in recognition of his courage and devotion of duty. It is stated that from 28th June, 1989 onwards till his retirement, he received this special allowance. But after retirement, he did not receive the same.
2. It is stated that on the basis of repeated
requests, the 4th respondent issued Ext.P4 order on 13.02.2016 granting sanction for monetary allowance due to petitioner towards the special allowance on account of the medal for Gallantry. It is submitted that subsequent to the filing of the writ petition, petitioner received the arrears for the period up to June, 2019.
3. In the statement filed by the learned ASGI, it
is stated that a sum of Rs.2,49,859/- was paid to petitioner as per bill dated 12.07.2019. The learned counsel for the petitioner submits that the respondents have not paid the allowance thereafter from June, 2019 onwards.
4. After giving Gallantry award, which carries with it the benefit of special allowances, it is unfortunate that the persons like petitioner are compelled to approach this Court for such benefits.
Therefore there shall be a direction to the respondents to see that the entire arrears due to petitioner from June, 2019 is paid within a period of one month. The respondents shall also see that the special allowance is paid each month along with the monthly pension of the petitioner. As it is seen that the arrears due to the petitioner for the period from 01.08.1995 to June, 2019 was paid only after the petitioner approached this Court, there shall be a direction to the respondents to pay interest on the arrears paid in July, 2019 at the rate of 6% per annum. There shall be a further direction to the respondents to see that the special allowance, due to the petitioner on account of the Gallantry award (Police medal) is incorporated in his pension payment
order, within a period of two months from the date of receipt of a copy of this judgment. Accordingly, this writ petition is disposed of. Sd/- P.V.ASHA JUDGE ww APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE NOTIFICATION DATED SECRETARIAT.
EXHIBIT P2 TRUE COPY OF THE PPO DATED 16/08/1996. EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED EXHIBIT P4 TRUE COPY OF THE LETTER NO.ESTT/PENSION/
29BN/2016/2213-16 DATED 13/02/2016.