Full Judgment Text
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PETITIONER:
UNION OF INDIA & ORS. ETC.
Vs.
RESPONDENT:
B. PRASAD, B.S.O. & ORS. ETC.
DATE OF JUDGMENT: 17/02/1997
BENCH:
K. RAMASWAMY, G.T. NANAVATI
ACT:
HEADNOTE:
JUDGMENT:
WITH
CIVIL APPEAL NOS. 1573-1576,1578-1579,1580-1585/97)
(Arising out of SLP (C) Nos. 17236-39, 14104, 15141-42,
15740, 25108-10 1996, SLP (C) No. 4398 /96 (CC-6860/96)]
O R D E R
Leave granted. We have heard learned counsel for the
parties.
These appeals by special leave arise from the various
orders passed by the Central Administrative Tribunal,
Gauhati Bench in different matters. The main order was
passed on 17.11.1995 in RA No, 4/95 in OA No. 49/89.
The Government of India have been issuing order from
time to time payment of allowances and facilities for
civilian employees of the Central Government servants
working in the States and Union Territories of the The
North-eastern region. It is not in dispute that special Duty
Allowance was ordered by the Government @ 25% of the basic
pay subject to ceiling of Rs. 400/- per month on posting on
any station in the North-eastern region. Subsequently, the
Government have been issuing order from time to time. In the
proceedings dated April 17, 1995, The Government modified
the payment of the Special Duty Allowance and Special
Compensatory (Remote Locality) Allowance as under:
"The Defence Civilian employees,
serving in the newly defined
modified Field Areas, will continue
to be entitled to the Special
Compensatory (Remote Locality)
Allowance and other allowances as
admissible to defence Civilians, as
hithertofore, under existing
instructions issued by this
ministry from time to time.
However, in respect of Defence
Civilian employees in the newly
defined Field Areas, Special
Compensatory (Remote Locality)
Allowance and other allowances not
concurrently admissible along with
Field Service Concessions,"
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It is contended by Mr. P.P. Malhotra, learned senior
counsel appearing for the Union of India, That the view
taken by the Tribunal that they are entitled to both, is not
correct and that they would be entitled to either of the
allowances. Shri P.P. Rao, Learned senior counsel appearing
for some of the respondents has contended that those
civilian employee working in the defence service at various
stations in the North-eastern region were given Special Duty
Allowance with a view to attract the competent persons and
the persons having been deployed, are entitled to the same
and the amended concessions would be applicable to those
employees who are transferred after April 17, 1975, All
those who were serving earlier would be entitled to both.
Shri Arun Jaitely, Learned senior counsel Appearing for some
of the respondents has drawn our attention to the
distinction between Field area and Modified Field area and
submitted that in cases where civilian employees are
supporting the field defence persons deployed for the border
operational requirements facing the immense hostilities,
they will be denied the payment of both allowances while the
personnel working in the Modified Field Area, In other
words, in Barracks, will entitled to double benefit of both
the allowance. This creates hostile discrimination and
unjust results.
Having regards to the respective contentions, we are
of the view that the Government having been extending the
benefit of payment of Special Duty Allowance to all the
defence employees working in the North-eastern region as per
the orders issued by the Government from time to time as on
April 17, 1995, They are entitled to both the Special Duty
Allowance as well as Field Area Special Compensatory (Remote
Locality) Allowance. The same came to be modified w.e.f.
that date. Therefore, irrespective of the fact whether or
not they have been deployed earlier to that date, all are
entitled to both the allowances only upto that date.
Thereafter, all the personnel whether transferred earlier to
that or transferred from on or after that date, shall be
entitled to payment of only one set of Special Duty
Allowance in terms of the above modified order.
As regards the payment of Special Duty Allowance to the
defence civilian personnel deployed at the border area for
support of operational requirement, they face the imminent
hostilities supporting the army personnel deployed there.
Necessarily, they alone require the double payment as
ordered by the Government but they cannot be deprived of the
same since they are facing imminent hostilities in hilly
areas risking their lives as envisaged in the proceedings of
the Army dated January 13, 1994, But the Modified Field
Area, in other words, in the defence terminology, "barracks"
in that area in a lesser risking area; hence they shall not
be entitled to double payment. Under these circumstances,
Mr. P.P. Malhotra is right in saying that the wording of the
order requires modification. The Government is directed to
modify the order and issue the corrigendum accordingly.
The appeals are disposed of accordingly. It is made
clear that the Union of India is not entitled to recover any
payments made of the period prior to April 17, 1995. No
costs.