Patel Hasmukh Bhai & Ors. v. Union of India

1. Vide the present petition, the petitioners are seeking following reliefs: “a.) Issue a Writ of Certiorari or any other writ order or direction thereby call for records and quash the impugned order/communication dated 06.02.2023 issued Audit Para 4.19 issued by the DIG, SHQ, BSF, BHUJ (Annexure-P[1]) in favour of 57 petitioners.”

2. Learned counsel appearing on behalf of the respondents on advance notice submits that if the petitioners have any grievance regarding the Order dated 06.02.2023 passed by the Deputy Inspector General, SHQ, BSF, Bhuj for recovery of risk and hardship allowance, they may make a representation to the respondents and the same shall be decided as per law.

3. Accordingly, we hereby dispose of the present petition by granting 13:17 Neutral Citation Number: 2023/DHC/001520 W.P.(C) 2599/2023 liberty to the petitioners to make a final representation to the respondents within one week from today, and on receipt of the same, the respondents are directed to decide the representation of the petitioners within two weeks thereafter and while deciding the petitioners’ representation, the respondents shall take into consider the Office Memorandum bearing number No.II-27012/40/CF-3396706/2017-PF-I dated 31.07.2017 issued by the Ministry of Home Affairs, Government of India and any other subsequent policy, if any.

4. The decision, so taken, shall be communicated to the petitioners in writing within three days thereafter.

5. The respondents are further directed not to affect any recovery till the decision of the representation of the petitioners.

6. Accordingly, the present petition along with pending application is disposed of.

7. Needless to state, if the petitioners are still aggrieved by the decision of the respondents, they may challenge the same before the appropriate forum. (SURESH KUMAR KAIT) JUDGE (MINI PUSHKARNA)