Delhi High Court - Orders
Force No. 997040675 Asi Cm Sanjay Prasad ... vs Union Of India And Ors on 24 September, 2021
Author: Manmohan
Bench: Manmohan, Navin Chawla
#34
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10730/2021
FORCE NO. 997040675 ASI CM SANJAY
PRASAD AND ORS. ..... Petitioners
Through Mr. Ankur Chhibber, Advocate
versus
UNION OF INDIA AND ORS. ..... Respondents
Through Mr. Rishabh Sahu, Advocate
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA
ORDER
% 24.09.2021 CM APPL. 33141/2021 Allowed, subject to all just exceptions. W.P.(C) 10730/2021 Present writ petition has been filed challenging the order dated 22nd June, 2021 passed by the Respondents refusing to accord NFSG benefits to the Petitioners. The petitioners also seek directions to the respondents to afford similar NFSG benefits to the petitioners as is being granted to the personnel of CSCS Cadre, UPSC, NHRC, Election Commission and even the civilian employees of AFHQ with effect from the date they completed their mandatory five years of service in the rank of Head Constable (CM) in terms of the Office Memorandum dated 22nd June, 2011 issued by DoP&T. Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:27.09.2021 11:32:12 Learned Counsel for the petitioners states that the petitioners have been refused NFSG benefits, despite having served the Organisation for more than five years on the ground that the Office Memorandum dated 22nd June 2011 was applicable only in respect of the UDCs of CSCS and Stenographers Grade 'D' of CSCS and that the Combatant Ministerial cadre of ITBP, to which the petitioners belong are not covered by the abovementioned OM.
He states that the personnel of Combatised Ministerial Cadre are similar to UDC (now SSA) in CSCS cadre who are made to be posted in High Altitude, Hard Areas and areas where circumstances are extremely difficult for human survival.
Issue notice.
Mr. Rishabh Sahu, Advocate accepts notice on behalf of the respondents. He prays for and is permitted to file a counter-affidavit within six weeks. Rejoinder affidavit, if any, be filed before the next date of hearing.
List on 25th March, 2022.
MANMOHAN, J NAVIN CHAWLA, J SEPTEMBER 24, 2021 rn Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:27.09.2021 11:32:12