The Director General vs G.M.Kumar on 27 February, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 259 of 2009()


1. THE DIRECTOR GENERAL, CISF,
                      ...  Petitioner
2. THE COMMANDANT, CISF UNIT, NCL ,
3. THE COMMANDANT, CISF UNIT, VSSC,

                        Vs



1. G.M.KUMAR, HC/GD,
                       ...       Respondent

                For Petitioner  :SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR

                For Respondent  : No Appearance

The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN

 Dated :27/02/2009

 O R D E R
      KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ.
            ------------------------------------------
                  Writ Appeal No.259 OF 2009
            ------------------------------------------
          Dated this the 27th day of February, 2009.


                        J U D G M E N T

Kurian Joseph, J.

The respondents in W.P.(C) No.13092 of 2008 are the

appellants. The issue pertains to the grant of financial

up-gradation under the Assured Career Progression Scheme. The

benefits were granted to the writ petitioner, but when the same

was sought to be recovered he approached this Court.

2. The learned Single Judge allowed the writ petition

following Exhibit P7 judgment of this Court in W.P.(C) No.7497 of

2004 which was confirmed by the Division Bench in Writ Appeal

No.288 of 2008. Learned Assistant Solicitor General submits

that the matter is now pending before the Supreme Court. The

parties submit that they shall abide by the decision of the

Supreme Court and hence this writ appeal can be disposed of on

the basis of the undertaking that the writ petitioner will also

W.A.No.259/2009 2

abide by the outcome of the matter said to be pending before the

Supreme Court since the writ petitioner need not be relegated in

separate proceedings before the Supreme Court.

Therefore, this writ appeal is disposed of making it clear

that any further steps for recovery, if required, shall be made

only after the decision of the Supreme Court in the matter said to

be pending before the Apex Court against the judgment in the

writ appeal referred to above.

KURIAN JOSEPH
JUDGE

S.S.SATHEESACHANDRAN
JUDGE

smp

W.A.No.259/2009 3

KURIAN JOSEPH &
S.S.SATHEESACHANDRAN, JJ.

W.A. No.259 OF 2009

J U D G M E N T

27.02.2009