Central Administrative Tribunal - Jabalpur
Ram Narayan Soni vs M/O Home Affairs on 19 January, 2023
1 O.A.No200/00928/2018
Reserved
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH
JABALPUR
Original Application No.200/00928/2018
Jabalpur, this Thursday, the 19th day of January, 2023
HON'BLE SHRI JUSTICE AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER
HON'BLE SHRI KUMAR RAJESH CHANDRA, ADMINISTRATIVE MEMBER
1. Ram Narayan Soni S/o Late Shri Badriprasad Soni
(Fire Fighting), Age 56 yrs, presently posted at O/o Commandant's
SSB CSD Bhopal, date of joining 08.06.87, length of service 31 yrs.
2. Sharan Das S/o Late Shri Sanku Ram (Fire Fighting) Age-54 yrs.
Presently posted at O/o commandant's SSB CSD Bhopal, date of
joining 01.10.87, length of service-30 yrs 9 months,
3. Harihar Singh S/o Shri Hardev Singh, (Fire Fighting) Age 53 yrs.
Presently posted at O/o Commandant's SSB, CSD Bhopal
Date of joining 01.10.87, length of service 30 yr, 9 month
4. Devi Sharan Sharma S/o Late Ram Kishan Sharma (Fire Fighting)
Age 50 yrs. Presently posted at O/o Commandant's SSB, CSD
Bhopal Date of joining 14.02.91, length of service 27 yrs,
5. Harpal S/o Shri Ranjeet Singh (Fire Fighting) Age 47yrs.
Presently posted at O/o Commandant's SSB, CSD Bhopal
Date of joining 02.03.91, length of service 27 yrs.
6. Pradeep Kumar Yadav, S/o Ram Narayan Yadav, (Fire Fighting)
Age 46 yrs. Presently posted at O/o Commandant's SSB, CSD
Bhopal, Date of joining 18.06.94, length of service 24 Yrs.
7. Digamber Singh Tomar S/o Sardar Singh Tomar (Fire Fighting)
Age 47 yrs. Presently posted at O/o Commandant's SSB, CSD
Bhopal, Date of joining 27.06.94, length of service 24 yrs.
8. Deenanath Deshbhrata S/o Ganeshrao Deshbhratra,
(Fire Fighting) Age 50 yrs. Presently posted at O/o Commandant's
SSB, CSD Bhopal Date of joining 15.10.97, length of service 21yrs.
9. Rajesh Kumar S/o Amritlal(Fire Fighting) Age 41 yrs.
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2 O.A.No200/00928/2018
Presently posted at O/o Commandant's SSB, CSD Bhopal
Date of joining 24.08.98, length of service 20 yrs.
10. Bhagwan S/o Late Bharat Singh (Fire Fighting) Age 43 yrs.
Presently posted at O/o Commandant's SSB, CSD Bhopal
Date of joining 29.08.98, length of service 20 yrs.
11. Sunil Kumar S/o Shri Ranbir Singh (Fire Fighting) Age 39 yrs.
Presently posted at O/o Commandant's SSB, CSD Bhopal
Date of joining 05.09.98, length of service 20 yrs.
12. Ashok Kumar S/o Late Randhir Barua, (Fire Fighting) Age 54 yrs.
Presently posted at O/o Commandant's SSB, CSD Bhopal
Date of joining 09.06.87, length of service 31 yrs. -Applicants
(By Advocate -Shri Rajesh Patel)
Versus
1. Union of India through Union Home Secretary
Ministry of Home Affairs, North Block, New Delhi
2. Directorate General, Sahastra Seema Bal
Through Director General SSB, Force Headquarters,
East Block V, R.K.Puram New Delhi 110066 - Respondents
(By Advocate -Shri S.P.Singh)
(Date of reserving the order:-04.01.2023)
ORDER
By Kumar Rajesh Chandra, AM:-
By way of filing this Original Application, the applicant is aggrieved against the order dated 09.08.2018 (Annexure A-1), by which the respondents denied for grant of Risk and Hardship Allowance to Fire Fighting staff of Sashatra Seema Bal (SSB) as per recommendation of the 7th CPC.
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2. The applicant has prayed for the following reliefs in this Original Application:-
"8.1 quash/set aside the fax message order dated 09.08.2018 passed by the respondents. Ann. A-1.
8.2 direct the respondents to allow the applicants for grant of "risk and hardship allowances" as per Annexure A-6 by which applicants are entitled for 2700/- per month from 6th July 2017 which has been continuously denied, the same be allowed from the date of publication of said risk and hardship allowance to fire fighting staff as per 7th Central Pay Commission. 8.3. entire cost of litigation be awarded to the applicants. 8.4 pass any other orders or directions, which this Hon'ble Tribunal deems fit and proper in the fact and circumstances of the instant case as well as in the interest of justice."
3. The brief facts as narrated by the applicants is that the applicants initially joined the special service bureau under the Cabinet Secretary Govt. of India as Field Assistant (Fire Fighting) in accordance with the SSB (Fire Fighting) Service rules 1976, which was later on renamed as Sashtra Seema Bal and put under the administrative control of Ministry of Home Affairs w.e.f. 15.01.2001. On 27.02.2007 the Parliament of India has recommended that promotion & allowances of non-combatised personnel should not suffer as a result of rationalization of the Page 3 of 6 4 O.A.No200/00928/2018 post is SSB. Till 01.08.2018 the post of Field Assistant is very much in existence, thus the applicants are entitled for risk and hardship allowance as per Annexure A-6. The case of the applicant is that the respondents had rejected the grant of risk and hardship allowance to firefighting staff as per 7th CPC vide order dated 09.08.2018 (Annexure A-1).
4. The respondents have filed their reply to the Original Application, wherein it has been submitted that the as per recommendation of 7th CPC the Risk and Hardship allowance has been allowed to fire fighter of CISF personnel only and the same has not been extended to any other organization of Central Para Military Force. Vide order dated 20.05.1999(Annexure R-1), post of entire firefighting cadre i.e. SFA (FF),FA(FF) drivers were abolished owing to 10% cut in the sanctioned posts of SSB (excluding battalion side) and SFF. As per Cabinet Secretary order dated 20.05.1999, the MHA has considered the issue but not acceded to vide their note dated 20.10.2003 with remark that "the posts already surrendered cannot be revived", therefore, the applicants are not eligible for any relief.
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5. The applicants have filed their rejoinder to the reply filed by the respondents, wherein they reiterated its earlier stand as taken in the O.A. The applicants submits that when they joined SSB Annexure A-2, rules relating to appointment of 1976 were never amended and allowances like washing allowance, dress allowance, rum allowance are being given after permanency in SSB, recruitment rules does not states which allowance is to be allowed or restricted.
6. We have heard the learned counsel for both the sides and have gone through the pleadings and the documents annexed therewith.
7. It is an admitted fact that in SSB the Risk and Hardship allowances were regulated in accordance with MHA O.M. issued on 31.07.2017 consequent upon acceptance of the recommendation of 7th CPC. The proposal for extending this Risk and Hardship allowance was made admissible to combatised personnel of CAPFs upto the rank of Commandant only.
8. Hence, we are of the considered view that the stand that has been taken by the govt. for grant of Risk and Hardship allowance Page 5 of 6 6 O.A.No200/00928/2018 to only combatised personnel and that too only upto the rank of Commandant, is not to be interfered with as this is a policy decision of the govt. It will be pertinent to mention that there are other civilian officers as well who are posted in that area, where Risk and Hardship allowance is allowed to the combatised personnel only and that too upto certain rank. So a parity case can also not be made by the applicant, who are non-combatised personnel.
9. Accordingly, the Original Application is dismissed. No order as to costs.
(Kumar Rajesh Chandra) (Akhil Kumar Srivastava)
Administrative Member Judicial Member
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