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Delhi High Court - Orders

Harbansh Lal & Ors vs Union Of India, Through Ministry Of Home ... on 8 February, 2022

Author: Manmohan

Bench: Manmohan, Navin Chawla

                              $~21
                              *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +      W.P.(C) 4458/2020
                                     HARBANSH LAL & ORS.                                    ..... Petitioners
                                                          Through     Mr. Joby P. Varghese, Advocate.

                                                          versus

                                     UNION OF INDIA, THROUGH MINISTRY OF HOME AFFAIRS
                                     & ANR.                                 ..... Respondents
                                                   Through Mr. Bhagwan Swarup Shukla, CGSC
                                                           and Mr. Sarvan Kumar, Adv. for
                                                           UOI.

                                     CORAM:
                                     HON'BLE MR. JUSTICE MANMOHAN
                                     HON'BLE MR. JUSTICE NAVIN CHAWLA
                                             ORDER

% 08.02.2022 The hearing has been done by way of video conferencing.

CM APPL.6891/2022

Exemption allowed, subject to all just exceptions. Accordingly, the present application stands disposed of.

CM APPL.6890/2022

Present application has been filed seeking a direction to release Patient Care Allowance to the Petitioners as is being released to other para- military units like ITBP.

Learned counsel for the Petitioners states that vide order bearing no.5301 dated 23rd March, 2021 issued by the Deputy Inspector General (Organization) ITBP it has been specifically clarified that in terms of let t er Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:10.02.2022 12:46:25 dated 4th February, 2004 issued by Ministry of Healt h & Fam ily Welfare, Patient Care Allowance can be paid along with Risk and Hardship Allowance. He further states that both the ITBP and SSB are para-m ilitary units operating in similar conditions. There cannot be two different laws for personnel working in these two units.

Issue notice.

Mr. Shukla, Advocate for Union of India accepts notice. He prays for and is permitted to file a reply affidavit within three weeks.

List on the date already fixed.

MANMOHAN, J NAVIN CHAWLA, J FEBRUARY 8, 2022 AS Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:10.02.2022 12:46:25