Delhi High Court - Orders
Suresh Choudhary And Ors vs Union Of India And Ors on 12 October, 2020
Author: Vipin Sanghi
Bench: Vipin Sanghi, Rajnish Bhatnagar
$~5.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3132/2020 and C.M. No. 10880/2020
SURESH CHOUDHARY AND ORS ..... Petitioners
Through: Ms. Saahila Lamba, Advocate.
versus
UNION OF INDIA AND ORS ..... Respondents
Through: Mr. Sanjeev Sabharwal and
Mr.Sanjeet Kumar, Advocates.
CORAM:
HON'BLE MR. JUSTICE VIPIN SANGHI
HON'BLE MR. JUSTICE RAJNISH BHATNAGAR
ORDER
% 12.10.2020 The respondents have forwarded the counter-affidavit through email. Counsel for the respondents to bring the counter-affidavit on record within two days.
A perusal of the counter-affidavit, in particular paras 20 and 21 thereof, shows that respondents have themselves considered and granted the reliefs sought in the present petition. Paras 20 and 21 of the counter- affidavit read as follows: -
"20. On this, CISF NISA Hyderabad vide letter No. E- 20017/NISA/Accts/Transport Allowance/2020/3101 dated 11.09.2020 has informed that-
"The petitioners in particular and the recruits in general had fulfilled the conditions as mentioned in the MoF(DoE) Signature Not Verified Digitally Signed By:BHUPINDER SINGH ROHELLA Signing Date:13.10.2020 15:35 O.M.dated 29th August, 2008. Since, no transport facility/Travelling allowance/Daily allowance was provided for attending the training programme during the basic training of recruits, hence they are admissible for transport allowance w.e.f.01.09.2008."
The copy of the letter No.E-20017/NISA/Accts/Transport Allowance/2020/3101 dated 11.09.2020 is annexed as Annexure-R-19.
21. In view of the above clarifications of MHA vide UO dated 13.08.2020 (Annexure-13), PAO (CISF) MHA vide letter dated 04.09.2020 (Annexure-17) & CISF NISA Hyderabad letter dated 11.09.2020 (Annexure-19), the contentions of the petitioners are now accepted and the Hon'ble Court is requested to dispose off the WP accordingly, as the WP has become infructuous."
In view of the aforesaid position, in our view, this petition has become infructuous. The respondents shall be bound by their averments contained in paras 20 and 21 of the counter-affidavit, as extracted hereinabove.
The petition stands disposed of in the aforesaid terms.
VIPIN SANGHI, J RAJNISH BHATNAGAR, J OCTOBER 12, 2020/ib Signature Not Verified Digitally Signed By:BHUPINDER SINGH ROHELLA Signing Date:13.10.2020 15:35