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2025 Supreme(Ker) 2276

IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON
A.K. Thankappan – Appellant
Versus
Union of India Rep. by the Secretary, New Delhi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : R. Rajasekharan Pillai
For the Respondents: C. Dinesh, Dayasindhu Shreehari N.S.

JUDGMENT :

HARISANKAR V. MENON, J.

1. The petitioner had enrolled in the service of the Border Security Force (‘BSF’ for short) as a Constable in the year 1969, and pursuant to the disciplinary proceedings initiated against him, he was discharged from service in the year 1977. The allegation against the petitioner was with reference to a scuffle between certain employees of BSF. Contending that the co-accused had only been provided a lesser punishment, the petitioner had challenged his discharge before this Court, unsuccessfully. Later in the year 2016, contending that the petitioner had to undergo treatment for some neurological disorders, he sought for compassionate allowance under the provisions of Rule 41 of the CCS (Pension) Rules, 1972 (hereinafter referred to as the “Rules” for brevity). The said claim was sought to be enforced by filing a writ petition before this Court, which was rejected by a learned Single Judge, essentially on the ground of lack of territorial jurisdiction. In an appeal filed at the instance of the petitioner, a Division Bench of this Court in W.A.No.1664 of 2018, by a judgment dated 06.09.2018, found that this Court had jurisdiction and directed the auth

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