Delhi High Court
Hardev Singh vs State Govt. Of Nct Of Delhi & Ors on 28 April, 2025
Author: Sachin Datta
Bench: Sachin Datta
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision : 28.04.2025
+ W.P.(C) 16754/2022
HARDEV SINGH .....Petitioner
Through: Mr. Saurabh Kansal, Mr. Suraj Kr.
Jha, Mr. Pratham Malik and Mr.
Raghav Vij, Advs.
versus
STATE GOVT. OF NCT OF DELHI & ORS. .....Respondents
Through: Mr. Dhruv Rohatgi, Ms. Chandrika
Sachdev and Mr. Dhruv Kumar,
Advs. for R-1.
Mr. Hrishikesh Barua, Mr. Parth
Goswami, Mr. Ayush Yadav and Mr.
Utkarsh Dwivedi, Advs. for R-2.
Ms. Ginny J., Rautray, Ms. Devika
Thakura and Mr. Ranvijay Singh,
Advs. for R-3/SAI.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
SACHIN DATTA, J. (Oral)
1. The present petition has been filed by the petitioner, a senior citizen
and a veteran athlete, aged about 93 years inter alia seeking that the
respondent no.1 / Government of NCT of Delhi (GNCTD) be directed to
release the cash incentives and TA/DA payable to the petitioner for having
taken part in an international tournament held in 2018 i.e. the World Masters
Athletic Championship which took place in Spain from 04.09.2018 to
16.09.2018 (hereinafter 'the championship').
2. It is submitted that the petitioner participated in the said international
event and won one gold, one silver and one bronze medal in the aforesaid
championship. However, the requisite TA/DA that was payable to the
petitioner for participation in the said event has not been paid.
3. It is brought out in the present petition, and it is not disputed by
learned counsel for the respondent no. 1, that even in the year 2017, the
petitioner participated in certain international events for which the requisite
TA/DA amount was duly paid. It is specifically averred in the petition as
under:
"11. It is pertinent to note that in the year 2017, the Petitioner
participated in World Master Indoor Athletic Championship which was
held in South Korea, Daegu and in the same year, he also participated
in ASIADS 2017 which was held in Malaysia, Singapore. That after
coming back from the aforesaid countries, the Petitioner submitted his
bill for TA/DA and requested for cash incentive.
12. Thereafter, the Respondent No.1 transferred the amount of Rs.
5,22,000/- into the income of the Petitioner. The bank statements of the
Petitioner of the year 2014, 2017 and 2018 showing the grant of TA/DA
and cash incentive are annexed as Annexure P-2 (Colly.)"
4. It is also the admitted position that for both the years i.e. 2017 and
2018, the petitioner's entitlement to any TA/DA amount, was adjudged on
the basis of a circular dated 25.02.2014. The same inter-alia provides as
under:
"No. DE.41/150/Sports/2013-14/15677-15776 Dated: 25.02.2014
21 World Masters Championship Age Gold 1,02,000/-
Group 35 years & above (Male & Silver 62,000/-
Female) Bronze 42,000/-
f) All sports disciplines which are either recognized by the Government
of India and Indian Olympic Association in the year these were held will
be considered for cash incentive."
5. The eligibility condition '(f)' prescribed in the above circular
contemplates that for the purpose of being eligible, the concerned sport
discipline ought to be recognized by the Government of India or Indian
Olympic Association (IOA) in the year in which the concerned event/s were
held.
6. It is undisputed that in the year 2018, the concerned event in the field
of athletics was duly recognized by the IOA. In fact, the concerned sporting
event/s in which the petitioner participated in the year 2018 were identical to
the events in which the petitioner participated in 2017, for which the
petitioner was duly paid the cash incentives and TA/DA amount under the
very same circular dated 25.02.2014.
7. It is brought out in the counter-affidavit dated 24.04.2025 filed on
behalf of the respondent no.1, that a circular dated 20.11.2019, issued by the
GNCTD brings about a change in the aforesaid eligibility condition '(f)'.
The same reads as under:
"f). All sports disciplines which are organized by the sports federations
recognized by Government of India or Indian Olympic Association in
the year these were held will be considered for cash incentive."
8. It is thus evident that in terms of the aforesaid circular, it is not
enough for the concerned sports discipline to be recognized by GNCTD /
IOA. There is a further requirement that the concerned event must be
organized by sports federation, duly recognized by GNCTD or IOA. The
same circular also clearly says that the same shall be applicable to
tournaments held on or after 01.04.2018.
9. Clearly, the said circular issued in 2019 could not have been made
retrospectively applicable so as to nullify the entitlement of the petitioner for
cash incentives or TA/DA in the period during which the petitioner
participated in international events in the year 2018.
10. Reliance in this regard is placed on the judgment dated 17.01.2007 of
the Supreme Court in Suchitra Compondents Ltd. v. Commissioner of
Central Excise, Guntur being Civil Appeal No. 3596/2005.
11. At the time of the petitioner's participation in the championship in
2018, the entitlement of the petitioner was governed by the circular dated
25.02.2014. The change sought to be brought about vide the circular dated
20.11.2019 could have only been made applicable prospectively. As such,
the same cannot affect the entitlement of the petitioner for events that have
taken place prior to the said circular dated 20.11.2019 being issued.
12. In the circumstances, the petitioner's entitlement for cash incentives
and TA/DA for the aforementioned championship in 2018 is to be adjudged
on the basis of the circular dated 25.02.2014, which continued to remain
operative till 20.11.2019. In terms thereof, the petitioner is clearly eligible
for the amount of cash incentive and TA/DA, as prescribed therein, just as
he was eligible for the same for the event(s) in which he participated in the
year 2017.
13. In the circumstances, the present petition is allowed. The respondent
no.1 is directed to process the application submitted by the petitioner for
payment of cash incentive and TA/DA for international events in which he
had participated prior to 20.11.2019.
14. Let the requisite payment be made to the petitioner within a period of
four weeks from today.
SACHIN DATTA, J
APRIL 28, 2025/cl
