CAT Directs Authority to Decide 34 Agra MES Workers’ Annual Rs 5,000 Dress Allowance Claim Within 2 Months, Considering Chandigarh Ruling If Applicable

The applicants, civilian industrial employees of the Military Engineer Services, claimed Dress Allowance of ₹5,000 per annum from 1 July 2017 under Government memoranda dated 2 August 2017 and 31 August 2017.

The respondents had initially paid the allowance for 2018–19 and 2019–20 but subsequently ordered recovery, stating that entitlement had not been decided.

The applicants relied on the Chandigarh Bench’s order in Gurmit Singh v. Union of India, OA No. 1228/2019, and sought relief after their representation dated 23 January 2023 and reminder dated 30 September 2024 remained undecided.

At the hearing, the applicants limited their prayer to a direction that the competent authority decide the representation in light of the Chandigarh Bench order.

The Tribunal did not apply or interpret any specific statutory provision, Government memorandum, or substantive rule governing entitlement to Dress Allowance.

It disposed of the application on the basis of the applicants’ limited prayer, directing the competent authority to consider the cited precedent if applicable and to issue a reasoned and speaking order.

The Tribunal expressly left the merits of the claim undecided.

Since the applicants stated that they would be satisfied with a decision on their pending representation, the Tribunal considered that keeping the application pending would serve no useful purpose.

It therefore directed the competent authority to assess the representation in light of the Chandigarh Bench’s decision, while making clear that the precedent was to be considered only if applicable to these applicants.

The Tribunal did not assess whether the applicants were substantively entitled to the allowance or whether the earlier recovery was lawful.

It directed the competent authority to decide the representation dated 23 January 2023, considering the Chandigarh Bench’s order in Gurmit Singh if applicable, by a reasoned and speaking order within two months of receiving a certified copy of the Tribunal’s order, and to communicate that decision to the applicants forthwith.

No costs were awarded.