Chhattisgarh Nagar Sena Sainik Pariwar Kalyan Association Chhattisgarh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 728 of 2020

1. Chhattisgarh Nagar Sena Sainik Pariwar Kalyan Association Chhattisgarh Through The President Ghanshyam Khanwani, Son Of Jetumal Khanwani, Aged About 55 Years, Resident Of Sai Nath Chowk II-Lane Vikash Nagar, Gudiyari, Raipur, District : Raipur, Chhattisgarh

2. Bhupendra Soni S/o Shri Sukhram Soni Aged About 29 Years Sainik No. 204 Office Of C.G.H.G. Gariyaband, Presently Posted At SDRF Camp Mana Raipur, District : Raipur, Chhattisgarh

3. Vikas Bhat S/o Khemdhar Bhat Aged About 31 Years Sainik No. 40 Office Of C.G.H.G. Dhamtari, Posted At SDRF Camp Mana Raipur District : Raipur, Chhattisgarh

4. Lucky Singh Rajput S/o Late Birendra Singh Rajput Aged About 31 Years Sainik No. 57 Office Of C.G.H.G. Bemetara, Posted At SDRF Camp Mana Raipur, District : Raipur, Chhattisgarh

5. Amit Kumar Sen S/o Shri Chandrahas Sen Aged About 30 Years Sainik No. 130 Office Of C.G.H.G. Gariyaband, Posted At SDRF Camp Mana Raipur, District : Raipur, Chhattisgarh

6. Khemlal Koushik S/o Shri Goverdhan Koushik Aged About 28 Years, Sainik No. 121 Office Of C.G.H.G. Kabirdham, Posted At SDRF Camp Mana Raipur, District : Raipur, Chhattisgarh

7. Deepak Das Mahant S/o Raju Das Mahant Aged About 29 Years Sainik No. 95 Office Of C.G.H.G. Bilaspur, Posted At SDRF Camp Parsada Bilaspur, District : Bilaspur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Principal Secretary Department Of Home And Internal Affairs Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District : Raipur, Chhattisgarh

2. State Of Chhattisgarh Through Principal Secretary Finance Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur , District : Raipur, Chhattisgarh

3. Director General Of Chhattisgarh Home Guard And State Disaster Management Response Force, Head Quarter Chhattisgarh Home Guard, Sector-19, Atal Nagar, Raipur, District : Raipur, Chhattisgarh

4. Deputy Inspector General, Home Guard And SDRF Sector 19 , Atal Nagar, Raipur, District : Raipur, Chhattisgarh ---- Respondents

For Petitioner :

Shri Rakesh Pandey & Shri Varunendra Mishra, Advocate For Respondents/ State :

Ms. Akanksha Jain, Dy. G.A.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 03/02/2020 Heard.

1. The grievance raised in the instant petition is that the petitioners are working as Volunteer Home Guards and as per the policy of the State Rs. 2 Crore was granted to them to be paid for risk and hardship allowances, but the same has not been transferred to the department of Home Guard. Eventually when the payment has not been made, the Director General of Chhattisgarh Home Guard (Respondent No. 3) has made a correspondence with the Chief Secretary of Home Department vide Annexure P-7 to get clearance from the Finance Department so as to make the payment, however the same is undecided and the petitioners apprehend that after March, the amount of grant may stand lapsed. It is stated further on enquiry it was reveled that the amount has not been released as clearance has not been granted by the Finance Secretary (Respondent No. 2).

Learned counsel for the petitioners would further submit that apart from the Home Department, the petitioners have also made a representation to the Finance Department by Annexure P-6 which is the final authority to grant the sanction for the amount, however, the same has not yet been decided and being delayed.

2. Perused the documents.

3. Perusal of Annexure P-7, would show that the DIG Home Guard has made a

correspondence to release the risk and hardship allowances which was allocated for the purpose. The correspondence purports that request is made that the departmental sanction may be accorded so that the amount of the allowance may be released to the beneficiaries.

4. Considering the tenor of the letter Annexure P-7 issued by the DIG Home Guard wherein the amount of allowance has been sought to be released, the Secretary Home Department (Respondent No. 2) is directed to decide the representation of the petitioners within a period of 3 weeks from the date of receipt of a copy of this order. The petitioners shall also be at liberty to file a fresh representation along with the necessary documents including the letter issued by the DIG Home Guard as Annexure.

5. With the aforesaid observation, the petition stands disposed of. Sd/- Goutam Bhaduri Judge Jyoti