DEEPAK SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been filed by the petitioner with the following prayers:-

(2.) The case of the petitioner is that he is serving in the extremist area of Dantewada, Chhattisgarh and has been deprived of Risk/Hardship Allowance as given to other Para-Military persons as well as to the Army. According to the petitioner, pursuant to the recommendation of the 6th CPC, the Government of India took decision on August 29, 2008, for giving Risk/Hardship Allowance to combatise Central Para-Military Forces ('CPMF', for short) Personnel posted in Anti-Naxal Operation in Left Wing Extremist Affected Areas (LWE). The said allowances were to be given in lieu of Compensatory Allowances and Detachment Allowances. The case of the petitioner is also that the respondents issued memorandum dated November 21, 2009, making it clear that the personnel posted in North Eastern Region presently attached at Force Headquarter or else whereon temporary duty will be treated on tour / temporary duty and as such entitled to pay and allowances as admissible in North East Region for the entire period of attachment. It is his case that as the petitioner was not granted the aforesaid allowances inspite of being posted in LWE Area of Dantewada, Chhattisgarh, he submitted a representation to the respondents, requesting them to allow him as well as other Battalion personnel of 41st Bn. deployed at LWE area, Dantewada, LWE allowances as admissible to Army as per letter dated April 16, 2009. The respondents have contested the writ petition by stating that the Ministry of Home Affairs has introduce Risk/Hardship allowance for CPMF personnel who are deployed in area affected by LWE vide OM dated April 16, 2009 subject to the following conditions:-

(3.) According to them, the petitioner belongs to 41 Bn. of SSB with Headquarter at Sonapur, Guwahati and deployed at Dantewada, Chhattisgarh in 2010 and is presently posted at 24th Bn., SSB Rangia. The Compensatory package that the petitioner was entitled to during his posting in North-East was: