Deployment of armed forces with UN Peace Keeping Mission cannot be equated with formed police units: HC

Policy decisions of Government are not susceptible to Judicial Review: HC

29/09/2022

JAMMU, Sep 28: The Jammu & Kashmir and Ladakh High Court holds that the deployment of armed forces with UN Peace Keeping Mission cannot be equated with Formed Police Units as both played separate role according to UN mandate.
Justice Wasim Sadiq Nargal while dismissing the petition, observed that policy framed by the Government of India has reasonable classification with the objects sought to be achieved and the law has been settled that the policy decisions of the Government are not susceptible to Judicial Review.
This significant judgment has been passed by Justice Wasim Sadiq Nargal in a petition filed by Rajender Singh Saini and others seeking quashment of order no. II-2701234/2005-PF.I.C.H.D.08/11/2003 dated 08.11.2006 issued by the Government of India, Ministry of Home Affairs, by virtue of which, sanction was accorded to the grant of Overseas Allowance to I.T.B.P. Personnel deployed on U.N. Mission at Congo at US$ 2120 per month for Officers, US$ 1600 per month for Subordinate Officers and US$ 925 per month for Other Ranks, besides, seeking a writ of mandamus commanding the respondents to reimburse the Overseas Allowance to the petitioners in accordance with the Memorandum of Understanding between the Government of India and United Nations for contribution of Formed Police Units I & II to MONUC by paying the petitioners the arrears of the allowance with interest.
Justice Wasim Sadiq Nargal after hearing both the sides observed that the order impugned has been issued by the Ministry of Home Affairs which falls within the realm of the policy decision by the Government of India whereby the Government of India have powers to fix the Overseas Allowance according to the grade and work assigned to those personnel deployed in Formed Police Unit with UN Peace keeping Mission. Thus, the order impugned which has been issued by the Ministry of Home Affairs with regard to the Overseas Allowance for CPFs personal deployed in UN Mission (MONUC) falls within the realm of policy decision of Government of India and the same is not susceptible to judicial review as no fault can be found with regard to the aforesaid policy. The petitioners have failed to project as to how and under what circumstances, the petitioners are aggrieved of the order impugned.
Justice Wasim Sadiq Nargal further observed that since the United Nations, Department of Peace Keeping Operation has deployed Formed Police Units of various members countries for maintaining peace in the Kosovo, Congo, Liberia, Sudan, etc., according to UN Mandate, MoU was signed between Government of India and UN Peace Keeping Mission relating to payment that would be made by UN to Government of India on account of deployment of two Formed Police Units on self-sustainment basis with the requisite taking into account the strength of FPU as the structure of FPU and Command & Control may differ from country to country. As such, the Government of India has the power to fix the amount of OSA to be paid to Officers, Subordinate Officers and Other Ranks. Even in Army deployed with UN Peace Keeping Mission, the amount to be paid to Officers, Subordinate Officers and Other Ranks is fixed by the Government of India. Since the MoU was signed between the Government of India and the Peace Keeping Mission relating to the payment that would be made by the UN to Government of India, as such, it is within the domain of the Government of India to fix the amount of MSA to be paid to Officers, Subordinate Officers and Other Ranks. Since the aforesaid policy, which has been framed by the Government of India, has the reasonable classification with the object sought to be achieved by personnel of Formed Police Units cannot be equated in terms of payment of OSA and, thus, no fault can be found with regard to the aforesaid policy as all the personnel of BSF/ITBP have been paid MSA as per the rate prescribed for Gazetted Officers/Subordinate Officers/Other ranks as decided by the Government along with pay admissible to them, which by no stretch of imagination, can be considered an illegal enrichment of some members of the Formed Police Units as prayed by the petitioners.
Court further observed that the policy framed by the Government of India has reasonable classification with the objects sought to be achieved and the law has been settled that the policy decisions of the Government are not susceptible to Judicial Review.

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