The application concerns the Supreme Court’s order of April 2020 in Union of India v. R. Thiyagarajan. This entailed the same issue to provide relief in line with its ruling.
Facts of the Case
The sole Petitioner Inder Kumar Rana with 319 others, has filed the present petition. The plea seeks:
- To impugn the order dated 12th January 2017 of Director General, NDRF (National Disaster Relief Fund).
- Writ of mandamus to the NDRF (Respondents) to pay deputation allowance to the Petitioners.
But the petitions faced adjourned sine die awaiting the decision by the Supreme Court. A similar matter had arisen before the Supreme Court in an appeal from the order of the Madras High Court. It directed the NDRC (National Development and Reform Commission) to pay relief of deputation allowance to Writ Petitioner and to all those Petitioners across the country. Due to this, the Supreme Court in its order provided relief to the writ petitioners. But had set aside the part of the order that granted relief to the petitioner across the country.
Contentions before the Court
The Counsel for the Petitioners states that these petitions shall also be disposed off. This is by directing the respondents to pay deputation allowance to each of the petitioners. But, this is with effect from 11th September 2009 and till the date, each of the petitioners was released from service.
The Counsel of the Respondent relies on the above ruling of the Supreme Court. He contended that the 319 petitioners who have together filed one petition before the Court are admittedly posted in different parts of the country. And thus are not entitled to receive relief from this Court.
Court’s Observation
The Delhi High Court rejected such contention of the Respondent. It further states that if the Respondents were in Delhi, this Court had the jurisdiction to order relief for all petitioners.
Court’s Order
The Bench comprising Justice Rajiv Sahai Endlaw and Justice Asha Menon allowed the petition in terms of R. Thiyagarajan.
Accordingly, the Court ordered that the deputation allowance be paid to each of the petitioners within eight weeks. That is w.e.f from 11th September 2009 till the date of discharge of each of the petitioners. The Court further added that interest at the rate of 9% per annum shall be levied on the amount to the petitioners after the expiry of eight weeks.
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