Delhi High Court
Hc Umakant Pandey vs Union Of India & Ors. on 6 August, 2015
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7158/2013 & C.M.No.15408/2013
% Decided on: 06.08.2015
HC UMAKANT PANDEY ..... Petitioner
Through: Mr.Arun Srivastava, Advocate
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Ms.Sushila Narang, Advocate
CORAM:
HON'BLE MR. JUSTICE S. RAVINDRA BHAT
HON'BLE MR. JUSTICE V. K. SHALI
MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT)
1. The petitioner's grievance is that he has been denied service
benefits and not treated as having spent the period of absence on duty. He
has suffered IED blast injuries on 09.04.2009 when deployed on
Assembly Election duty in Jharkhand. As a consequence of his injuries
he had to be hospitalised between 09.04.2009 to 31.05.2013. The
grievance is that by order dated 03.06.2013 the respondents only
regularised a certain period of time i.e. the relevant part of order is
extracted below:
" xxxx xxxx xxxx xxxx
3. Now as approved by Competent Authority the
hospitalization period of 1514 days w.e.f. 09.04.2009
W.P.(C) 7158/2013 Page 1
to 31.05.2013 in respect of No.88001179 HC
Umakant Pandy 'A' coy of this unit presently attached
with BSF Hospital-1 are hereby regularised as under
for showing compliance of IAP during review:-
(v) 28 Months (ie 840 days) hospital leave w.e.f.
09.04.2009 to 27.07.2011, for which leave salary
should be given to individual as under:-
a. Leave Salary for the first 120 days will be the full
pay.
b. For the remaining period it will be equal to leave
salary during half pay leave i.e. 720 days.
(vi) 224 days commuted leave w.e.f. 28.07.2011 to
07.03.2012 (commuted from 448 days HPL)
(vii) 152 days EL w.e.f. 08.03.2012 to 06.08.2012
(viii)298 days EOL on medical ground w.e.f. 07.08.2012 to
31.05.2013."
2. Learned counsel relies upon a circular issued by Ministry of Home
Affairs, Central Government dated 25.09.2014 on the subject. The said
circular reads as follows:
"No.II 27012/17/2012-PF-III
Government of India
Ministry of Home Affairs
(PF.III Desk)
North Block, New Delhi-110001.
Dated, the 25th September, 2014
To
The Directors General
AR, BSF, CISF, CRPF, ITBP, NSG and SSB
Shillong (Meghalaya)/New Delhi
W.P.(C) 7158/2013 Page 2
Subject: Regarding treatment of hospitalization period as
duty in respect of all CAPFs troops injured in action while
on duty.
Sir,
I am directed to say that a proposal for treatment of
hospitalization period as duty in respect of all Central Armed
Police Forces (CAPFs) personnel injured in action while on
duty has been considered in this Ministry in consultation with
Department of Personnel & Training and Ministry of Finance
(Department of Expenditure) and agreed to the same provided
the injury/medical condition requiring hospitalization has
been sustained in the course of duty.
2. This issue with the approval of Department of
Personnel & Training vide their I.D.No.13017/3/2011-Estt.(L)
dated 18.9.2014 and concurrence of IFD of this Ministry vide
their CF.No.3121380/Fin-II/14 dated 25.9.2014.
Yours faitfully,
(Gracy James)
Under Secretary to the Govt. of
India
Copy to :-
1. Department of Personnel & Training, Establishment (Leave)
Section with reference to their I.D.No.13017/3/2011-Estt.(L) dated
18.9.2014
2. The FAs, AR, BSF, CISF, CRPF, ITBP, NSG and SSB."
3. Reliance is also placed upon the previous order of this court dated
10.04.2015 in W.P.(C) 4017/2014 in Ram Sewak Ray vs. Union of India
W.P.(C) 7158/2013 Page 3
& Ors. The facts there were similar to the present case. The Court had
taken on record an assurance that the period of hospitalisation would be
treated as entitlement to leave salary and issued appropriate directions.
Having regard to the undisputed facts evident from the impugned order
itself, the period of hospitalisation is directed to be treated as having been
spent on duty and all consequential benefits i.e. leave salary, service
benefits including reckoning the said period for the purpose of pension
shall be taken into account. If any amounts have been withheld, the same
shall be released. Consequential orders shall be made by the respondents
within six weeks from today.
4. The petition and the pending application are disposed of in the
above terms.
S. RAVINDRA BHAT, J
V. K. SHALI, J
AUGUST 06, 2015
rb
W.P.(C) 7158/2013 Page 4
