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2017 DIGILAW 1351 (GUJ)

Shambhaji Gangaram Patil v. Union of India

2017-08-03

B.N.KARIA, M.R.SHAH

body2017
JUDGMENT : M.R. SHAH, J. By way of this petition under Article 226 of the Constitution of India, the respective petitioners have prayed for the following reliefs: “8(b) THIS HONOURABLE COURT may be pleased to hold that the decision of the Respondent Authorities, more particularly Respondent Nos. 3 and 4 of not paying transport allowance to the Petitioners, is illegal and arbitrary decision and as a result thereof, be pleased to quash and set aside the decision, more particularly be pleased to quash and set aside Communication dated 16.11.2016 by the Respondent No. 3 herein; (c) THIS HONOURABLE COURT may be pleased to declare, in case this Hon'ble Court were to hold that the petitioners are not entitled for transport allowance, that the respondents are prohibited from recovering the amount of transport allowance already paid to the petitioners; (d) THIS HONOURABLE COURT may be pleased to hold that Petitioners are entitled for transport allowance as per provisions of Office Memorandum dated 29.08.2008 followed by CISF Circular No. 10/09 dated 29.05.2009 and by way of interim relief be pleased to direct the Respondent Authorities not to discontinue payment of transport allowance to the present Petitioners along with their salary pending admission and final hearing of this petition;” 2. Shri Nikhil Kariel, learned Advocate appearing on behalf of the petitioners does not press the prayer in terms of paragraph 8(c) i.e. with respect to recovery of the transport allowance already paid to the petitioners as, as on today the recovery is not under contemplation. However, has requested that the liberty may be reserved in favour of the petitioners to challenge the recovery, if any, in future. 3. In view of the above, present petition for the prayer in terms of paragraph 8(c) stands dismissed as withdrawn with above liberty. As and when any recovery is sought with respect to the amount of transport allowance already paid to the petitioners and as and when the same is challenged, the same be considered in accordance with law and on its own merits. 4. With respect to rest of the prayers, after making elaborate submissions, Shri Kariel, learned Advocate appearing on behalf of the petitioners, under the instructions from his respective clients, seeks permission to withdraw the present petition as the petitioners propose to make appropriate representation before the Finance Ministry. 5. Permission is, accordingly, granted. 4. With respect to rest of the prayers, after making elaborate submissions, Shri Kariel, learned Advocate appearing on behalf of the petitioners, under the instructions from his respective clients, seeks permission to withdraw the present petition as the petitioners propose to make appropriate representation before the Finance Ministry. 5. Permission is, accordingly, granted. Without expressing anything on merits with respect to such a representation and/or entertainability and/or maintainability of such representation, present petition stands dismissed as withdrawn with above liberty.