For Exemption) Harbansh Lal & Ors vs Union Of India & Anr on 23 July, 2020

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Delhi High Court - Orders

For Exemption) Harbansh Lal & Ors vs Union Of India & Anr on 23 July, 2020

Author: Rajiv Sahai Endlaw

Bench: Rajiv Sahai Endlaw, Asha Menon

$~VC-9
*   IN THE HIGH COURT OF DELHI AT NEW DELHI
+   W.P. (C) 4458/2020, C.M. Applns. No.16054-16055/2020 (both
    for exemption)
    HARBANSH LAL & ORS                            .....Petitioners
                     Through: Mr. Joby P Varghese, Adv.

                    versus

     UNION OF INDIA & ANR                              .....Respondents
                   Through:            Mr. Bhagvanswarup Shukla with
                                       Saravan Kumar, Advs,

      CORAM:
      HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
      HON'BLE MS. JUSTICE ASHA MENON

                 ORDER

% 23.07.2020 [VIA VIDEO CONFERENCING] C.M. Appl. No.16054/2020 & 16055/2020 (for exemption from filing clear/true/typed/original/certified copies of the annexures, duly affirmed and notarized affidavits and court fees)

1. Allowed, subject to just exceptions and as per the extant rules.

2. The applications are disposed of.

W.P. (C) 4458/2020

3. The four petitioners, working as Health Care Professionals/ Paramedics with the respondents SSB, with the petitioners 1, 2 & 3 holding the rank of Assistant Sub-Inspector and the Petitioner No.4 holding the rank of Constable, are aggrieved from denial of Patient W.P. (C) 4458/2020 Page 1 of 3 Care Allowance (PCA) earlier being paid to them, on their being posted in high altitude/ active field areas.

4. A perusal of the document at page 77 of the paper book, being communication dated 4th February, 2004 of the Deputy Secretary to the Government of India, Ministry of Health and Family Welfare shows the eligibility prescribed for PCA to be only inter alia of those working in health care delivery institutions/establishments (other than hospitals) having less than 30 beds but subject to the condition that no Risk Allowance if sanctioned will be admissible to these employees.

5. Prima facie, it appears that the 7th Central Pay Commission (CPC) recommendations of a date subsequent to the communication dated 4th February, 2004, at page 77 aforesaid have subsumed the PCA in the Active Field Area Allowance and/or High Altitude Allowance, under the genre of Risk and Hardship Allowance.

6. Though we have spent considerable time in hearing the counsel for the petitioners who contends that the scope of the two allowances is different but it is deemed expedient to call for the counter affidavit of the respondents. We may in this regard notice that though the representation of the petitioners has been rejected, but without a speaking order. Had a speaking order been passed, the same may not have necessitated issuance of notice.

7. Issue notice.

W.P. (C) 4458/2020 Page 2 of 3

8. Notice is accepted by counsel for the respondents appearing on advance notice.

9. Counter affidavit be filed within six weeks as sought.

10. Rejoinder within further four weeks thereafter.

11. List on 14th October, 2020.

RAJIV SAHAI ENDLAW, J.

ASHA MENON, J.

JULY 23, 2020 ak/pkb W.P. (C) 4458/2020 Page 3 of 3

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