WP/40429/2014 of P. Pandari, Vs The State of Telangana, on 30 December 2014

ORDER:

HON’BLE SRI JUSTICE P.NAVEEN RAO

WRIT PETITION No.40429 of 2014

The petitioner stated to be retired from service as Constable fromthe Boarder Security Force, which is part of Central Police organizationssuch as CRPF, BSF, CISF, ITBP and SSB etc. On a representationmade on behalf of the retired personnel who served in the Central PoliceOrganizations, Ministry of Home Affairs issued office Memorandumdated 23.11.2012 holding that Ex-police personnel should be givencertificate as Ex-Central Armed Police personnel and a suggestion wasalso made to the State/Union territory Governments to extend suitablebenefits to them on the lines of the benefits extended to ex-servicemeno f Defence Forces. The petitioner submits that he submittedrepresentation to the Employment Exchange Officer and DistrictCollector and Chairman, Sainik Welfare Board at Sanga Reddy to grantidentity card as Ex-serviceman and no decision is communicated on thesaid representation. Aggrieved thereby, the petitioner filed this writpetition.

2. As seen from the Office Memorandum of the Government ofIndia, dated 23.11.2012, it directs issuance of certificate treating him asretired person from Central Reserve Police Force and to call him as Ex-Central Armed Police Force personnel and suggests to the StateGovernments to provide suitable benefits to them. The CentralGovernment also issued a requisition as early as on 30.07.1983 to theState Governments to provide incentives in the form of Ex-BoardedSecurity Police Force personnel. Thus, it is the discretion of theconcerned State Governments to provide special incentives to suchpersonnel on par with Ex-serviceman. As per said decision, a personcan apply for issuance of certificate by the concerned authority of the Central Government.

3. The District Collector-cum-Chairman, Sainik Welfare Boarddeals only with the Ex-servicemen retired from defence forces. Thequestion of Sainik Welfare Board issuing certificate or identity card to the ex-Central Armed Police Personnel would not arise. Similarly, thequestion of treating the petitioner as ex-serviceman does not arise sincehe has not retired from defence service.

4. Since it is for the concerned State Government to provideincentives or privileges to various categories of persons, it is up to theState Government to extend such benefits/concessions to ex-CentralArmed Police Force personnel also. Therefore, the petitioner shouldrepresent to the State Government for grant of such benefits and as andwhen the State Government takes a decision to grant such benefits, thequestion of registration and processing of his entitlement would arise. Since no such decision is taken as on today, no relief as sought for bythe petitioner can be granted.

5. The writ petition is disposed of granting liberty to thepetitioner to make a representation to the State Government requestingto grant concessions or privileges as extended to Ex-servicemen ofdefence forces and also highlighting the earlier orders of the Governmentof India dated 30.07.1983 and the office Memorandum dated 23.11.2012and any other supporting material where a similar benefit is extended byother States. As and when such representation is made, it is for theState Government to consider and take a decision as warranted andcommunicate the same to the petitioner. No costs.

6. Miscellaneous Petitions, if any, pending in this writ petition shallstand closed.

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JUSTICE P.NAVEEN RAO

Date: 30.12.2014kvrm

HON’BLE SRI JUSTICE P.NAVEEN RAO

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Writ Petition No.40429 of 2014

kvrm

Date: 30.12.2014