Excelsior Correspondent
SRINAGAR, Aug 5: While observing that risk allowance scheme to security forces is to be seen as inclusive and not exhaustive, the High Court set aside the orders whereby recovery of risk allowance was ordered against 35 Border Security Personnel (BSF) by Director General BSF.
The Court of Ramalingam Sudhakar after hearing the counsel for petitioners and as also the counsel representing BSF said the impugned orders (recoveries) passed against the BSF personnel are not in tune with the Supreme Court Judgments and have not taken into consideration the relevant parameters, which are circumscribed in the office memorandum.
“A mere statement that ‘it is not agreeable’ is not sufficient. A right that inures to these petitioners from the office memorandum and which has been granted cannot be taken away by an order bereft of reasons and therefore needs to be interfered”, Justice Lingam said. After referring the office memorandum in the judgment, Court said the bare reading of the memorandum provided that CPMFs personnel, i.e combatized officers deployed in the areas defined by Army either under Operations control or otherwise would be entitled to the ‘Field Area Allowances’ admissible to personnel of Army, at the same rates, as admissible to Army personnel in the area of deployment.
“So the benefit of risk/hardship allowances was being extended from one sector to another sector based on the recommendations of the committees as in the instant case”, court recorded.
“This aspect has to be seen in light of the Supreme Court ruling where the scope was enlarged in a case of personnel in active duty in the areas of J&K” adding with “Otherwise also, the intention behind the office memorandum is to help and encourage the CPMFs personnel to be part of the disturbed areas like J&K, North East or Naxal areas”, read the judgment of Lingam with the observation that the object of the said scheme is to be seen as the said scheme appeared to be inclusive and not exhaustive.
Court while allowing the petition of these BSF personnel who are combatized officers and men up-to the rank of Deputy Commandant of BSF and posted and deployed in Sector HQ BSF Baramulla, Bandipora and Kupwara on active and operational duty in the highly volatile insurgency affected areas in the State within well defined coordinates and notified areas of the purpose of Risk and Hardship Allowance, set aside the recovery orders.
“As a corollary, the recovery shall also stand set aside. However, the respondents are at liberty to relook into the matter based on relevant parameters and the committee’s report”, Court directed.
Court further added that since the earlier grant of risk/hardship allowances were based on the committee’s report and the petitioners were granted the same earlier are now being denied without there being any change in the situation.
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