Shri satyendra singh and others vs M/O DEFENCE

Court
Central Administrative Tribunal

Open Court
CENTRAL ADMINISTRATIVE TRIBUNAL
ALLAHABAD BENCH
ALLAHABAD .

TH
Dated : This the 29 day of October 2026

Original Application No. 977/2026

Hon’ble Mr. Justice Om Prakash VII, Member (J)

1.​
MES No. 424321, Shri Satyendra Singh, aged about 39 years, S/o
Shri Vijay Singh, working as FGM (HS II) in GE (AF) Adm Area
Agra.
2.​
MES No. 424383, Shri Hariom Singh Chahar, S/o Shri Tula Ram,
working as FGM (SK) in GE (AF) Adm Area Agra.
3.​ MES No. 180975814, Shri Gaurav Singh, S/o Shri Braj Pal Singh,
working as FGM (SK) in GE (AF) Adm Area Agra.
4.​ MES No. 425224, Puneet Kumar, S/o Late Laxmi Chand, working
as MCM R/M in GE (AF) Adm Area Agra (Retired on 30 Jun
2021).
5.​ MES No. 615570, Haresh Lawaniya, S/o Shri Atam Prakash
Lawaniya, working as Elect. (SK) in GE (AF) Adm Area Agra.
6.​
MES No. 143902, Satendra Kumar Gautam, S/o Shri Ram Gopal,
working as Refg/Mech (SK) in GE (AF) Adm Area Agra.
7.​
MES No. 425505, Bhagwan Singh, S/o Shri Ninua Ram, working
as Carp (HS I) in GE (AF) Adm Area Agra (Retired on 30 Jun
2024).
8.​ MES No. 424379, Udayver Verma, S/o Shri Rajendra Prasad,
working as FGM (SK) in GE (AF) Adm Area Agra.
9.​ MES No. 471344, Jeetendra Kumar, S/o Shri Murari Lal, working
as Mate FGM in GE (West) Agra.
10.​ MES No. 426694, Hariom Singh, S/o Late Mange Lal, working as
Painter in GE (West) Agra.
11.​ MES No. 375200, Pooran Devi, W/o ...., working as Carp in GE
(West) Agra (Retired on 31 Jul 2026).
12.​ MES No. 425597, Leela Dhar, S/o Late Sukh Ram, working as
Mason (MCM) in GE (West) Agra (Retired on 30 Sep 2024).
ASHISH
KUMAR

13.​ MES No. 425596, Jati Ram, S/o Late Pooran Chand, working as
Carp (MCM) in GE (West) Agra (Retired on 30 Jun 2023).
14.​ MES No. 425604, Dilip, S/o Charan Singh, working as FGM
(MCM) in GE (West) Agra (Retired on 31 Mar 2022).
15.​ MES No. 425548, Chander Pal, S/o Late Popi Ram, working as
Elect in GE (West) Agra (Retired on 31 Mar 2023).
16.​ MES No. 427026, Dhiraj, S/o Ramesh, working as Refg Mech in
GE (West) Agra.
17.​
MES No. 508551, Ram Shankar, S/o Gyasi Ram, working as FGM
(MCM) in GE (West) Agra (Retired on 31 Mar 2023).
18.​
MES No. 427019, Praveen Sahu, S/o Kasi Ram, working as MATE
(FGM) in GE (West) Agra.
19.​ MES No. 426696, Hemant Kumar, S/o Hukam Singh, working as
Refg Mech (SK) in GE (West) Agra.
20.​ MES No. 425637, Mohan Lal Sharma, S/o Dwarika Prasad Sharma,
working as Elect (MCM) in GE (West) Agra (Retired on 30 Jun
2021).
21.​ MES No. 425723, Prakash Chand, S/o Ramesh Chand, working as
Carp (HS-II) in GE (E) Agra.
22.​ MES No. 424404, Rocky Kumar, S/o Ashok Kumar, working as
FGM (SK) in GE (Tech) AF Agra.
23.​
MES No. 314229, Bhagwan Das, S/o Late Bari Lal, working as
P/FTR (SK) in GE (Tech) AF Agra (Retired on 31 Jan 2022).
24.​
MES No. 314331, Raj Kumar, S/o Late Kalicharan, working as
Mason (SK) in GE (E) Agra (Retired on 31 Jul 2023).
25.​ MES No. 425669, Sarwan Kumar, S/o Satgir, working as Elect
(MCM) in GE (E) Agra (Retired on 31 Jul 2023).
26.​ MES No. 424090, Rajendra Kumar Gond, S/o Late Kare Lal,
working as Carp (SK) in GE (E) Agra (Retired on 30 Apr 2023).
27.​ MES No. 425237, Samson Paul, S/o Late Prem Paul, working as
Elect (SK) in GE (E) Agra (Retired on 30 Apr 20119).
28.​ MES No. 425600, Bhudev Singh, S/o Late Raghumath Singh,
working as Elect (MCM) in GE (E) Agra (Retired on 30 Aug
2023).
ASHISH
KUMAR

29.​ MES No. 425898, Vishpendra, S/o Hardam Singh, working as Pipe
Ftr (HS-II) in GE (West) Mathura.
30.​ MES No. 425685, Mahesh Chand, S/o Sher Singh, working as
Elect (MCM) in GE (E) Agra (Retired on 31 May 2021).
31.​ MES No. 370054, Kaptan Singh, S/o Jwala Prasad, working as
FGM (HS-I) in GE (E) Agra (Retired on 30 Apr 2020).
32.​ MES No. 1482541P, Mohan Singh, S/o Ishwari Prasad, working as
Carp (SK) in GE (E) Agra.
33.​
MES No. 425244, Bhagwan Swaroop, S/o Late Pyare Lal, working
as Carp (MCM) in GE (AF ADM) Area Agra (Retired on 31 Dec
2019).
34.​ MES No. 425698, Kaptan Singh, S/o Late Ram Singh, working as
Carp (SK) in GE (AF TA) Area Agra (Retired on 31 Mar 2024). ​
​ ​ ​ ​ ​ ​ ​ .....Applicants

By Adv : Shri M.K. Upadhyay
​ : Shri Sachin Upadhyay
​ ​ ​ ​
​
V E R S U S

1.​ Union of India through Secretary to Govt. of India, Ministry of
Defence, New Delhi-110011. (Email: [email protected]).
2.​
HQ Engineer-in-Chief, Ministry of Defence, Kashmir House, Rajaji
Marg, Army HQ, New Delhi-110001 (Email
[email protected])
3.​
HQ Chief Engineer, Central Command, Lucknow, C/o 56 APO
4.​ HQ, Commander Works Engineer, 112 Taj Road, Agra Cantt
5.​ Controller of Defence Accounts, Meerut Cantt, Meerut.
​ ​ ​ ​ ​ ​ ​ …Respondents

By Adv: ​ Shri Chakrapani Vatsyayan

​
O R D E R

ASHISH
KUMAR

Shri M.K. Upadhyay, learned counsel for the applicant and Shri
Chakrapani Vatsyayan, learned counsel for the respondents are present.
2.​ Instant OA has been filed for seeking following reliefs:-
(i) The Hon’ble Tribunal be pleased to declare that the
applicants are entitled to Dress Allowance @ Rs. 5000/- per
annum w.e.f. 01.07.2017 in terms of O.M. dated 02.08.2017
issued by the Government of India, Ministry of Finance,
Department of Expenditure, O.M. dated 31.08.2017 issued by
the Government of India, Ministry of Personnel, Public
Grievances and Pension, etc., and the order dated 05.06.2020
passed in O.A. No. 060/1228/2019, etc., by the Hon’ble CAT,
Chandigarh Bench.
(ii) The Hon’ble Tribunal be pleased to direct the respondents to
grant Dress Allowance @ Rs. 5000/- per annum to the
applicants w.e.f. 01.07.2017 with arrears along with interest @
12% p.a.
(iii) Any other relief, which this Hon’ble Tribunal may deem fit
and proper in the circumstances of the case, may be given in
favour of the applicants.
(iv) Award the costs of the original application in favour of the
applicant.

3.​ The brief facts of the case are that the applicants are
working/retired civilian industrial employees of the Military Engineer
Services (MES) and claim entitlement to Dress Allowance of Rs. 5,000/-
per annum w.e.f. 01.07.2017 in terms of O.M. dated 02.08.2017 issued by
the Ministry of Finance and O.M. dated 31.08.2017 issued by the
Department of Personnel and Training. Pursuant to the aforesaid O.Ms.,
the respondents initially granted Dress Allowance to the applicants for the
years 2018-19 and 2019-20; however, vide letters dated 15.11.2019,
recovery of the amount already paid was ordered on the ground that their
entitlement had not been decided. The applicants rely upon the order
dated 05.06.2020 passed by the Chandigarh Bench of this Tribunal in
O.A. No. 1228/2019 (Gurmit Singh and Others v. Union of India and
ASHISH
KUMAR

Others), as well as subsequent orders passed in similar matters, whereby
relief regarding Dress Allowance was granted. Despite submitting a
representation dated 23.01.2023 and a reminder dated 30.09.2024, the
respondents have not granted the claimed benefit, compelling the
applicants to approach this Tribunal seeking appropriate relief.
4.​ At the outset, learned counsel for the applicants submitted that the
applicants would be satisfied if the present Original Application is
disposed of at this stage itself by directing the competent authority
amongst the respondents to consider and decide the pending
representation dated 23.01.2023 (Annexure A-7), in the light of the order
dated 05.06.2020 passed by the Chandigarh Bench of this Tribunal in
O.A. No. 1228/2019 (Gurmit Singh and Others vs. Union of India and
Others), within a stipulated period.
5.​ Learned counsel for the respondents opposes the aforesaid prayer
and requested time to file Counter Affidavit.
6.​ I have considered the rival submissions and also gone through the
entire records.
7.​ Before discussing the submission raised across the BAR, it will be
useful to quote representation submitted by the applicants. The same is as
under:-
सेवा में,
श्रीमान समादेशिक कार्य अधिकारी,
आगरा छावनी।
विषय:
ड्रेस भत्ता दिलाने हेतु।
महोदय,
ASHISH
KUMAR

सविनय निवेदन यह है कि भारत सरकार के पत्र संख्या F. No.
14/4/2015-JCA दिनांक 31 अगस्त 2017 के अनुसार आपके अधीन
कार्यालयों में कार्यरत औद्योगिक कर्मचारियों को पोशाक भत्ता मिला,
लेकिन देखा गया कि कार्यालय के आदेशानुसार उनका भत्ता रिकवर कर
लिया गया था। महोदय, आपको अवगत कराना चाहते हैं कि कोर्ट
द्वारा आदेश दिया गया है कि औद्योगिक कर्मचारियों को पोशाक भत्ता
मिलना चाहिए और बहुत से कार्यालयों में पोशाक भत्ता मिल रहा है।
अतः आपसे निवेदन करते हैं कि आपके अधीन कार्यालयों में कार्यरत
निम्न औद्योगिक कर्मचारियों को पोशाक भत्ता दिलाने की कृपा करें।
धन्यवाद।
भवदीय,​
प्रार्थी
8.​ Considering the entire facts and circumstances of the case and
keeping in view the limited prayer made by learned counsel for the
applicant, no useful purpose will be served in keeping this O.A. pending.
Therefore, without entering into the merits of this case, the O.A. is
disposed off at this stage itself with a direction to the Competent
Authority amongst the respondents to decide the representation
(Annexure-7) dated 23.01.2023 moved by the applicant in the light of the
order dated 05.06.2020 passed by the Chandigarh Bench of this Tribunal
in O.A. No. 1228/2019 (Gurmit Singh and Others vs. Union of India and
Others), if it is applicable to the applicants of the instant OA, by passing a
reasoned and speaking order within a period of two months from the date
of receipt of a certified copy of this order. The order so passed shall be
communicated to the applicant forthwith. No costs.


​ ​ ​ ​ ​ ( Justice Om Prakash VII )​
​ ​ ​ ​ ​ ​ ​ Member (J)

Ashish ​
ASHISH
KUMAR