Published On: Fri, Jan 24th, 2020

Delhi HC sets aside two Office Memorandums of MHA regarding allowances to CAPF staff

New Delhi: The Delhi High Court set aside two Office Memorandum issued by the Ministry of Home Affairs (MHA) in 2008 and 2009 asking Para-military forces personnel to choose between the Risk Allowance/Hardship Allowance (RA/HA) and Detachment Allowance (DA).

Delhi High Court set aside two Office Memorandum issued by the Ministry of Home Affairs (MHA) in 2008 and 2009 asking Para-military forces personnel to choose between the Risk Allowance/Hardship Allowance (RA/HA) and Detachment Allowance (DA).

The High court in its order on a writ petition filed by a CRPF officer, named Bijendra Singh Bhatti, through his lawyer Ankur Chhibber stated, “In view of the matter, the impugned OMs to the extent that they require the Petitioner to choose between the RA/HA and DA are hereby set aside.

A direction is issued to the Respondents to grant to the Petitioner DA and RA/HA from the date on which the Petitioner became eligible for such allowances. The appropriate orders be issued within six weeks from today (on January 20).”

The grievance of the petitioner with the said Office Memorandums was that they constrain the petitioner to opt for one of RA/HA and DA, failing to recognise that these were two different sets of allowances inasmuch as they served distinct purposes.

“The Petitioner aver, that Rule 46 of the CRPF Rules encompasses his statutory right to detachment allowance whenever he proceeded on detachment duty from his Group Centre to another battalion.

Such an allowance was akin to allowances given to Government Servants under Rules 49 and 50 supplementing the Fundamental Rules for being away from one’s headquarters and travelling,” petitioner had said.

The petitioner also contended that such an allowance could not -substituted by any other allowance. The RA/HA, on the other hand, was specific to compensating for risk that accompanies being posted at places which were difficult and hazardous and by virtue of that, entailed risk to the life of the personnel deployed in such areas.

ANI

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