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Judgment
Shri M.K. Upadhyay, learned counsel for the applicant and Shri Chakrapani Vatsyayan, learned counsel for the respondents are present.
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.
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 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.
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.
Learned counsel for the respondents opposes the aforesaid prayer and requested time to file Counter Affidavit.
I have considered the rival submissions and also gone through the entire records.
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: इस भत्ता दिलाने हेतु। महोदय,
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
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.