Delhi High Court
Kh. Rabi Singh vs Sashastra Seema Bal And Anr on 31 May, 2022
$~14, 18 & 19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 31.05.2022
+ W.P.(C) 11746/2021 & CM APPL.36307/2021
KH. RABI SINGH ..... Petitioner
Through: Mr. Joby P. Varghese, Advocate
versus
SASHASTRA SEEMA BAL AND ANR .... Respondents
Through: Mr. Virender Pratap Singh Charak,
Ms. Shubhra Parashar, Mr.
Pushpender Singh Charak, Mr.
Rampal Singh Tomar, Mr.Kapil Garg,
Mr. Varshaw K. Singh and Mr.
Shubham Ahuja, Advocates
+ W.P.(C) 4458/2020 & CM APPL.6890/2022
HARBANSH LAL & ORS. .... Petitioners
Through: Mr. Joby P. Varghese, Advocate
versus
UNION OF INDIA, THROUGH MINISTRY OF HOME AFFAIRS
& ANR. ....
Respondents
Through: Mr. Bhagvan Swarup Shukla, CGSC
with Mr. Gokul Sharma and Mr.
Kamaldeep, Advocates for UOI
+ W.P.(C) 7886/2020 & CM APPL.25858/2020
W.P.(C) 11746/2021 and connected petitions Page 1 of 5
GANPATI BISWAS & ORS. ..... Petitioner
Through: Mr. Joby P. Varghese, Advocate
versus
SASHASTRA SEEMA BAL & ANR. .... Respondents
Through: Mr. Rajesh Kumar, Ms. Mishika
Pandita and Mr. Yash Narian,
Advocates
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MR. JUSTICE SAURABH BANERJEE
J U D G M E N T (oral)
1. Vide W.P.(C) 11746/2021, the petitioner seeks calling for records of
the case; quashing of the Circular dated 14.08.2020 being Reference
No.1/28/2010/SSB/Pers-V/Org (77)-3610-35 issued by respondent No.1 to
the extent it is held that Patient Care Allowance is a Risk Allowance and
those in receipt of Risk Allowances like Border Outposts, Counter
Insurgency, Anti-Naxalite Operations, Counter Insurgency and Internal
Security will not be eligible for payment of PCA and has directed recovery
of excess payment paid. In addition, direction is sought to the respondents
to restore the payment of Patient Care Allowance to petitioner and return the
amount recovered along with interest.
2. Vide W.P.(C) 4458/2020, the petitioners therein seek directions to
respondents to restore the payment of Patient Care Allowance (PCA) to
petitioners except petitioner No.1 and release of arrears of PCA along with
interest to all the petitioners for the period of the payment of such PCA has
not been paid to the petitioners while serving in high altitude and filed
arrears.
3. Vide W.P.(C) 7886/2020, the petitioners therein seek calling for
records of the case; quashing of the Circular dated 14.08.2020 being
Reference No.1/28/2010/SSB/Pers-V/Org (77)-3610-35 issued by
respondent No.1 to the extent whereby it is held that Patient Care Allowance
is a Risk Allowance and those in receipt of Risk Allowances like Border
Outposts, Counter Insurgency, Anti-Naxalite Operations, Counter
Insurgency and Internal Security; will not be eligible for payment of PCA
and has directed recovery of excess payment and directions to respondents
to restore the payment of Patient Care Allowance to petitioners.
4. Since the relief sought in these petitions are similar, therefore, with
the consent of learned counsel for the parties, these petitions have been
heard together and are being disposed off by this common order.
5. It is brought to the notice of this Court that counter-affidavit has not
been filed in W.P.(C) 11746/2021 & W.P.(C) 7886/2020. Learned counsel
for respondents in these petitions, submit on instructions that the short
written arguments filed in W.P.(C) 4458/2020 be treated as counter-affidavit
filed in W.P.(C) 11746/2021 and W.P.(C) 7886/2020. Hence, W.P.(C)
4458/2020 shall be treated as the lead case.
W.P.(C) 4458/2020
6. Learned counsel appearing on behalf of respondents submits that the
respondents shall pay and release the Patient Care Allowance (PCA) in
favour of the petitioners in terms of Circular No.Z.28015/24/2001-H dated
04.02.2004 issued by the Ministry of Health & Family Welfare,
Government of India. In view thereof nothing remains in the present writ
petition.
7. The petitioners are granted liberty to make representation/s before the
concerned respondent qua the aforesaid giving the complete break-up of the
time period and the amounts due. Upon receipt of such representation/s by
any of the petitioners, the respondent shall decide the same within four
weeks thereafter. In case petitioners still feel aggrieved by the decision of
the concerned respondent on the representations so made by the petitioners,
they may approach the appropriate forum.
8. In view of above, we hereby dispose of the present petition.
9. Pending application also stands disposed of.
W.P.(C) 11746/2021
W.P.(C) 7886/2020
10. Since the issue raised in present petitions is same as raised in W.P.(C)
4458/2020, therefore, petitioners herein are also entitled to benefit in terms
of Circular No.Z.28015/24/2001-H dated 04.02.2004. In view thereof
nothing remains in the present writ petitions.
11. The petitioners are granted liberty to make representation/s before the
concerned respondent qua the aforesaid giving the complete break-up of the
time period and the amounts due. Upon receipt of such representation/s by
any of the petitioners, the respondent shall decide the same within four
weeks thereafter. In case petitioners still feel aggrieved by the decision of
the concerned respondent on the representations so made by the petitioners,
they may approach the appropriate forum.
12. Accordingly, the present petitions and pending applications stand
disposed of.
(SURESH KUMAR KAIT)
JUDGE
(SAURABH BANERJEE)
JUDGE
MAY 31, 2022/rk
