Mahesh Singh And Ors. vs Union Of India And Ors.
2023 Latest Caselaw 1833 Del

                                                         Neutral Citation Number: 2023:DHC:2777-DB




                          $~23
                          *               IN THE HIGH COURT OF DELHI AT NEW DELHI

                          %                                                          Date of decision: 24.04.2023

                          +               W.P.(C) 1775/2022 & CM APPL. 5101/2022
                                          MAHESH SINGH AND ORS.                ..... Petitioners
                                                       Through: Mr.Abhay Kumar Bhargava, Adv.
                                                              versus
                                          UNION OF INDIA AND ORS.                   ..... Respondents
                                                        Through: Mr.B.S.     Shukla,      CGSC     with
                                                                  Mr.Jitendra Kumar Tripathi, (GP) for
                                                                  UOI.
                                                                  Sh.Hemendra      Singh,       Deputy
                                                                  Commandant (Law) BSF.
                                          CORAM:
                                          HON'BLE MR. JUSTICE SURESH KUMAR KAIT
                                          HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
                                                              J U D G M E N T (oral)

1. Vide the present petition, petitioners pray as under:

i. To call the records and quash the order dated 08.09.2021 passed by the commandant of the 114 BN BSF vide which the request made by the Petitioner No.1 for applicability of PCA/HPCA was not considered being devoid of merits;

ii. To call the records and quash the order dated 10.06.2021 issued by the Commandant of the 127 BN BSF whereby the HPCA/PCA of the Petitioner No 3 was stopped;

iii. To call for records and quash the order dated 12.11.2021 passed by the commandant of 195 BN BSF whereby the recovery of HPCA/PCA paid to the Petitioner No 4 & 5 was not stopped because they were drawing Risk and Hardship Allowance and petitioner No.7 posted in 159 BN BSF;

iv. To direct the respondents to restore/extend the benefits of HPCA/PCA to the Petitioners w.e.f. from the date of discontinuation as they are drawing risk and hardship allowance which is different from the risk allowance;

Digitally Signed By:ALKA BOBAL Signing Date:25.04.2023 17:52 Neutral Citation Number: 2023:DHC:2777-DB

v. To directing the respondent's to extend the benefits of Risk and Hardship Allowance to the petitioner no.1 w.e.f. December 2020.

2. Learned counsel for the petitioners submits that the issue raised in the present petition is no longer res integra and has been decided by this Court in the case of SI Mahendra Kumar Yaduvanshi vs. Union of India & Ors. being W.P.(C) 5644/2008 dated 05.08.2008.

3. Accordingly, we hereby dispose of the present petition by directing the respondents to treat the present petition of the petitioners as a representation and decide the same within four weeks from today in view the abovementioned judgment and office memorandum dated 18.09.2019 passed by Ministry of Health and Family Welfare which is Annexure P-7 of the writ petition and communicate the decision thereof to the petitioners within one week thereafter with reasoned order.

4. With the aforesaid directions, the present petition as well as pending application stand disposed of.

5. Needless to say, if the petitioners feel aggrieved by the decision of the respondents, they may approach the appropriate forum.

(SURESH KUMAR KAIT) JUDGE

(NEENA BANSAL KRISHNA) JUDGE APRIL 24, 2023/ab

Digitally Signed By:ALKA BOBAL Signing Date:25.04.2023 17:52