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Judgment
Before proceeding further, it is revealed from the record that the applicants have filed M.A. No.1222/2026 seeking permission to file a joint application. For the reasons stated therein, the said M.A. is allowed.
Learned counsel for the applicants submits that the applicants are working in the Military Engineer Services (MES) on various posts, including Filter General Mechanic (FGM), Highly Skilled Grade-I, Electrician Mate, Carpenter, Painter, Master Craftsman (MCM), etc. The applicants state that they are industrial employees belonging to Group ‘C’ and erstwhile Group ‘D’ categories and that their MES numbers allotted at the time of their appointment are reflected in the record of the respondents.
It is submitted that prior to the implementation of the recommendations of the Seventh Central Pay Commission, the industrial employees were being provided Dangri/dress on yearly basis along with washing allowance. However, the washing allowance was stopped with effect from 01.01.2016. Thereafter, the Ministry of Finance, Government of India, issued Office Memorandum dated 02.08.2017 whereby the existing orders relating to various uniform-related allowances, including washing allowance, were subsumed into a single Dress Allowance of ₹5,000/- per annum with effect from 01.07.2017.
It is further submitted that the aforesaid Office Memorandum was followed by the Office Memorandum dated 31.08.2017 issued by the Department of Personnel and Training, whereby the existing Uniform Allowance, Washing Allowance, Stitching Charges, Shoe Allowance, etc., admissible to common categories of Group ‘C’ and erstwhile Group ‘D’ employees who were supplied uniforms and required to wear them regularly, were subsumed in Dress Allowance of ₹5,000/- per annum.
The applicants further submit that, pursuant to the aforesaid Office Memoranda, the Principal Controller of Defence Accounts, Western Command, Chandigarh, issued communications dated 05.06.2018 and 02.08.2018 clarifying that the benefit of Dress Allowance was extendable to civilian employees of MES, including industrial personnel, and directing subordinate officers to grant Dress Allowance to industrial/non-industrial employees who were wearing uniform and were drawing washing allowance with effect from 01.07.2017. According to the applicants, despite the aforesaid policy and clarifications, the benefit was not extended to them.
The applicants further rely upon the judgment/order dated 05.06.2020 passed by the Central Administrative Tribunal, Chandigarh Bench, in O.A. No.060/01228/2019 along with connected matters, whereby the orders withdrawing Dress Allowance and effecting recovery thereof were set aside and the entitlement to Dress Allowance was recognized. They also rely upon the judgment dated 13.12.2022 passed by the Central Administrative Tribunal, Lucknow Bench, in O.A. No.614/2019.
It is further submitted that, in a similar matter, this Tribunal passed an order dated 10.10.2024 in O.A. No.651/2024, titled Naseer Ahmad Dar v. Union of India & Ors., whereby the respondents were directed to consider the claim of the applicants therein for release of Dress Allowance @ ₹5,000/- per annum with effect from 2017 in terms of the judgment passed by the Division Bench of the Central Administrative Tribunal, Guwahati Bench, dated 23.03.2023, subject to the applicants therein being similarly situated employees of the Department.
The applicants state that, pursuant to the orders passed by the various Benches of the Tribunal and subsequent proceedings, the respondents released/disbursed Dress Allowance of ₹5,000/- per annum to similarly situated employees vide orders dated 07.08.2024 and 27.08.2024. It is their case that the issue regarding entitlement to Dress Allowance in respect of similarly situated industrial employees of MES has accordingly been settled and that they are also entitled to the same benefit.
The applicants further rely upon the circular dated 07.02.2022 issued by the competent authority directing the Headquarters of Chief Engineer offices of MES to follow the Office Memoranda dated 02.08.2017 and 31.08.2017 in letter and spirit for grant of Dress Allowance to industrial employees working in MES. According to the applicants, they are similarly situated to the employees who were granted relief by the Chandigarh and Lucknow Benches and are covered by the aforesaid Office Memoranda and circular.
The applicants have accordingly sought a declaration that they are entitled to Dress Allowance @ ₹5,000/- per annum with effect from 01.07.2017 in terms of the Office Memoranda dated 02.08.2017 and 31.08.2017, extension of the benefit of the judgments/orders relied upon by them, and a direction to the respondents to grant the said Dress Allowance with arrears and interest.
However, after arguing the matter for some time, learned counsel for the applicants submits that the ends of justice would be adequately served if a direction is issued to the respondents to treat the present Original Application as a representation and consider the applicants' claims for grant of Dress Allowance @ ₹5,000/- per annum with effect from 01.07.2017, including payment of consequential arrears, and for extension of the benefit of the Office Memoranda dated 02.08.2017 (Annexure-I) and 31.08.2017 (Annexure-II), in the light of the judgments/orders relied upon by the applicants, namely the judgment/order dated 05.06.2020 passed by the Central Administrative Tribunal, Chandigarh Bench (Annexure-III), the judgment dated 13.12.2022 passed by the Central Administrative Tribunal, Lucknow Bench (Annexure-IV), and the order dated 10.10.2024 passed by this Tribunal in O.A. No.651/2024 (Annexure-V), as well as the other documents annexed to the Original Application, strictly in accordance with law and within a stipulated period.
Mr. Satinder Singh, learned AAG, vice Mr. Avtar Singh Sodhi, appearing pursuant to the advance notice served by learned counsel for the applicants, submits that the present Original Application may be disposed of with appropriate directions, without prejudice to the rights and contentions of the respondents.
Heard learned counsel for the parties and perused the record.
Having considered the submissions made at the Bar and the material placed on record, this Tribunal is of the considered opinion that no useful purpose would be served by keeping the present Original Application pending, particularly in view of the limited prayer made on behalf of the applicants.
Accordingly, without expressing any opinion on the merits of the controversy, the present Original Application is disposed of with a direction to the respondents to treat the Original Application as a representation and accord due consideration to the applicants' claims for grant of Dress Allowance @ ₹5,000/- per annum with effect from 01.07.2017, including payment of consequential arrears, and for extension of the benefit of the Office Memoranda dated 02.08.2017 (Annexure-I) and 31.08.2017 (Annexure-II), in the light of the judgments/orders relied upon by the applicants, namely the judgment/order dated 05.06.2020 passed by the Central Administrative Tribunal, Chandigarh Bench (Annexure-III), the judgment dated 13.12.2022 passed by the Central Administrative Tribunal, Lucknow Bench (Annexure-IV), and the order dated 10.10.2024 passed by this Tribunal in O.A. No.651/2024 (Annexure-V), as well as the circular dated 07.02.2022 and the other documents annexed to the Original Application. While undertaking the aforesaid exercise, the respondents shall examine whether the applicants are similarly situated and squarely covered by the aforesaid judgments/orders and, if so, whether the benefit thereof is applicable to the applicants, strictly in accordance with the applicable rules, regulations and the law governing the field, subject to the applicants’ eligibility and entitlement and there being no legal impediment thereto.
The respondents shall pass a detailed, reasoned and speaking order within a period of twelve weeks from the date a certified copy of this order is served upon them and communicate the same to the applicants.
It is made clear that this Tribunal has not expressed any opinion on the merits of the claims raised by the applicants, and all questions of fact and law are left open to be considered and decided by the competent authority.
With the aforesaid directions, the Original Application stands disposed of. Consequently, M.A. No.1222/2026 and all other connected miscellaneous applications, if any, shall also stand disposed of.
No order as to costs.
Registry shall consign the file to the Record Room after due compliance.