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Judgment
Presently working at CWE (Air Force) Tughalkabad Area, Tughalkabad, New Delhi – 110044.
MES-374138 Sh Om Prakash, Painter (SK), Gp 'C', (Aged about 55 Years), S/o Sh Janki Manjhi Presently working at CWE (Air Force) Tughalkabad Area, Tughalkabad, New Delhi-110044.
MES-316695 Sh Shri Pal, Mason (SK), Gp 'C', (Aged about 35 Years) S/o Sh Satvir Singh Presently working at CWE (Air Force) Tughalkabad Area, Tughalkabad, New Delhi-110044.
MES-316564 Sh Shivdarshan Mishra, Mason (SK) Gp 'C', (Aged about 57 Years) Sh Daryanand Mishra Presently working at CWE (Air Force) Tughalkabad Area, Tughalkabad, New Delhi-110044.
EX-A 1582795F Sh Gurdeep Singh, Mate (Painter) Gp 'C', (Aged about 50 Years) S/o Late Sh Sohan Lal Presently working at CWE (Air Force) Tughalkabad Area, Tughalkabad, New Delhi – 110044.
MES-374829 Sh. Ishwar Singh, Elect SK, Gp 'C', S/o Sh. Mada Ram, Working at GE (AF), Palam, Delhi Cantt - 10
EX. A NO. 4187308P Sh. Ashish Kumar, Mate Elect. Gp 'C', S/o Sh. Ram Bharose Singh, Working at GE (AF), Palam, Delhi Cantt - 10
MES-377359 Sh. MD Belal, Mate Elect, Gp 'C', S/o Sh. MD Mortuza, Working at GE (AF), Palam, Delhi Cantt - 10.
EX. A No. 2690670K Sh. Manoj Kumar, Mate Elect. Gp 'C', S/o Sh. Bhagwan Ram, Working at GE (AF), Palam, Delhi Cantt - 10
MES-375421 Sh. Khushi Ram, Elect SK, Gp 'C', S/o Sh. Khajan Singh, Working at GE (AF), Palam, Delhi Cantt - 10
MES-372191 Sh. Rajendra Prazad, Mate Elect, Gp 'C', S/o Sh. Surja, Working at GE (AF), Palam, Delhi Cantt - 10
MES-376691 Sh. Sumit Pal, Mate Elect, Gp 'C', S/o Sh. Rakesh Pal, Working at GE (AF), Palam, Delhi Cantt - 10
MES-366109 Sh. Janardhan Prasad, Elect SK, Gp 'C', S/o Sh. Hira Prasad, Working at GE (AF), Palam, Delhi Cantt - 10
MES-372180 Sh. Sher Singh, Elect HS-I, Gp 'C', S/o Sh. Manager, Working at GE (AF), Palam, Delhi Cantt - 10
MES-372539 Sh. Ganga Singh, Elect HS-1, Gp ‘C’, S/o Sh. Parbhu Dyal, Working at GE (AF), Palam, Delhi Cantt - 10
MES-373065 Sh. Rajendra Singh, Elect HS-1, Gp ‘C', S/o Sh. Manohar Lal, Working at GE (AF), Palam, Delhi Cantt - 10
MES-376139 Sh. Rakesh Kumar, Mate Elect, Gp 'C’, S/o Sh. Prabhu Dayal, Working at GE (AF), Palam, Delhi Cantt - 10
MES-376400 Sh. Shailender Singh, Mate Elect. Gp 'C'. S/o Sh. Jagat Singh, Working at GE (AF), Palam, Delhi Cantt – 10
MES-376264 Sh. Ravi Sah, Mate Elect, Gp 'C', S/o Sh. Ram Chander Sah, Working at GE (AF), Palam, Delhi Cantt - 10
MES-377314 Sh. Naveen Kumar, Mate Elect, Gp 'C', S/o Sh. Krishan Prasad, Working at GE (AF), Palam, Delhi Cantt - 10
MES-375538 Sh. Satyawan Sehrawat, Elect SK, Gp 'C', S/o Sh. Jai Narayan, Working at GE (AF), Palam, Delhi Cantt - 10
MES-376123 Sh. Sachin Walia, Elect SK, Gp 'C', S/o Sh. Ishwar Singh, Working at GE (AF), Palam, Delhi Cantt - 10
MES-376140 Sh. Pappu Kumar, Elect SK, Gp 'C', S/o Sh. Naresh Prasad, Working at GE (AF), Palam, Delhi Cantt – 10
MES 372542 Sh. Babu Lal, Pipe Fitter. Gp ‘C’, S/o Sh. Roop Chand, Working at GE (AF), Palam, Delhi Cantt-10
MES-372544 Sh. Lal Chand, Mason HS-11, Gp 'C', S/o Sh. Tek Chand, Working at GE (AF), Palam, Delhi Cantt 10
MES 375048 Sh. Ahibaran Singh, Elect HS-II, Gp 'C', S/o Sh. Munna Singh, Working at GE (AF), Palam, Delhi Cantt - 10
MES-375480 Sh. Naresh Kumar, Elect SK, Gp 'C', S/o Sh. Ram Kishan, Working at GE (AF), Palam, Delhi Cantt - 10
MES-375532 Sh. Raghubir Singh Rawat, Carp SK, Gp 'C', S/o Sh. Mehrawan Singh, Working at GE (AF), Palam, Delhi Cantt - 10
MES-377285 Sh. Sushil Kumar, Mate Pipe Fitter, Gp 'C', S/o Sh. Hawa Singh, Working at GE (AF), Palam, Delhi Cantt - 10
MES-314776 Sh. Balwan Singh, Pipe Fitter SK, Gp 'C', S/o Sh. Harke Ram, Working at GE (AF), Palam, Delhi Cantt - 10
EX.A No. 1578512 Sh. Balwan Singh, Carp SK, Gp 'C', S/o Sh. Ujjajar Singh, Working at GE (AF), Palam, Delhi Cantt - 10
EX.A. No. 1483391 W Sh. Dharamveer, Mate Carp, Gp 'C', S/o Sh. Bhim Singh, Working at GE (AF), Palam, Delhi Cantt - 10
MES 315714 Sh. Vijaypal Singh, Mate Painter, Gp ‘C’, S/o Sh. Sumita Devi, Working at GE (AF), Palam, Delhi Cantt - 10
MES 375396 Sh. Kanwar Pal Singh, FGM SK, Gp ‘C’, S/o Sh. Prabhu Dyal, Working at GE (AF), Palam, Delhi Cantt - 10
MES 316132 Sh. Hari Chand, FGM SK, Gp 'C', S/o Sh. Mahavir Pal, Working at GE (AF), Palam, Delhi Cantt - 10
MES-340013 Sh. Manish Kumar, Mate FGM, Gp ‘C’ S/o Sh. Satya Naryan Sharma, Working at GE (AF), Palam, Delhi Cantt - 10
MES-377325 Sh. Juber, Mate FGM, Gp ‘C' S/o Sh. Rahim Baksh, Working at GE (AF), Palam, Delhi Cantt - 10
MES-377284 Sh. Avinash Kumar, Mate FGM, Gp ‘C’ S/o Sh. Vijendra Singh, Working at GE (AF), Palam, Delhi Cantt - 10
MES-373935 Sh. Vinod Kumar, FGM HS-I, Gp ‘C', S/o Sh. Ishwar Singh, Working at GE (AF), Palam, Delhi Cantt - 10
MES-377316 Sh. Ujjawal, Mate FGM, Gp ‘C’ S/o Sh. Satish Kumar, Working at GE (AF), Palam, Delhi Cantt - 10
MES-376141 Sh. Ankit Bansal, Ref Mech SK, Gp ‘C', S/o Sh. Krishan Kumar Bansal, Working at GE (AF), Palam, Delhi Cantt - 10
MES-377283 Sh. Kapil Dev Meena, Mate Elect, Gp ‘C’, S/o Sh. Hariram Meena. Working at GE (AF), Palam Delhi Cantt - 10
MES-3762672 Sh. Vipin Sharma, FGM SK, Gp 'C', S/o Sh. JB Sharma. Working at GE (AF), Palam Delhi Cantt - 10
EX.A No. 14565440A Sh. Utpal Sonowal, Mate Pipe Fitter, Gp 'C', S/o Sh. Bolu Ram Sonowal, Working at GE (AF), Palam, Delhi Cantt - 10
MES-376267 Sh. Vijendra Kumar, Meena, Elect SK, Gp 'C', S/o Sh. Krishan Shay Meena, Working at GE (AF), Palam, Delhi Cantt - 10
MES-247896 Sh. Sudesh Balmiki, Mate Painter, Gp 'C', S/o Sh. Surdin Balmiki, Working at GE (AF), Palam, Delhi Cantt - 10
MES-325127 Sh. Ravinder Kumar, Caneman, Gp 'C', S/o Sh. Dalip Singh, Working at GE (AF), Palam, Delhi Cantt - 10
MES-375839 Smt. Akash Kaur, Painter SK, Gp 'C', W/o Sh. Nirjan Singh, Working at GE (AF), Palam, Delhi Cantt - 10
MES-377321 Sh. Jitendar Kumar, Mate Elect, Gp 'C', S/o Sh. Abir Prasad, Working at GE (AF), Palam, Delhi Cantt - 10
MES-377395 Sh. Deepak, Mate Ref Mech, Gp 'C', S/o Sh. Kuldeep, Working at GE (AF), Palam, Delhi Cantt - 10
MES-373939 Sh. Kuldeep Kumar, FMG HS-1, Gp ‘C’, S/o Sh. Roshan Lal, Working at GE (AF), Palam, Delhi Cantt - 10
MES-423864 Sh. Vikram Singh Yadav, Mate Elect. Gp 'C', S/o Sh. Rajender Singh. Working at GE (AF), Palam, Delhi Cantt - 10
MES-511530 Sh. Dashrath Prasad, Mate FGM, Gp ‘C’, S/o Sh. Moti Prasad, Working at GE (AF), Palam, Delhi Cantt - 10
MES-375226 Sh. Shish Pal, Pipe Fitter HS-II, Gp ‘C’, S/o Sh. Gaj Raj Singh. Working at GE (AF) Subroto Park, New Delhi - 10
MES-313592 Sh. Vijay Pal, MCM (FGM), Gp 'C', S/o Sh. Arun Kumar. Working at GE (AF) Subroto Park, New Delhi 10
MES-374919 Sh. Rakesh Kumar, MCM Refg Mech, Gp ‘C’, S/o Sh. Kesar Dass Dua, Working at GE (AF) Subroto Park, New Delhi - 10
MES-316017 Sh. Jitender Kumar, FGM HS-11, Gp 'C’, S/o Sh. Mehar Singh. Working at GE (AF) Subroto Park, New Delhi - 10
MES-371627 Sh. Kulbhushan, Pipe Fitter HS-I, Gp 'C', S/o Sh. Khillu Ram, Working at GE (AF) Subroto Park, New Delhi - 10
MES-374172 Sh. Shivji Shah, Pipe Fitter HS-II, Gp 'C', S/o Sh. Banarsi Shah, Working at GE (AF) Subroto Park, New Delhi - 10
MES-375440 Sh. Sunil Kumar, Refg Mech HS-I, Gp 'C', S/o Sh. Babu Lal, Working at GE (AF) Subroto Park, New Delhi 10
MES 376117 Sh. Deepak Gautam, Refg Mech SK, Gp 'C', S/o Sh. Shambhu Dayal Gautam, Working at GE (AF) Subroto Park, New Delhi - 10
MES-376129 Sh. Gulshan Kumar, Refg Mech SK, Gp 'C', S/o Sh. Manohar Lal, Working at GE (AF) Subroto Park, New Delhi - 10
MES-A-13973606 Sh. Rohtashav, Refg Mech SK, Gp 'C', S/o Sh. Hari Singh, Working at GE (AF) Subroto Park, New Delhi - 10
MES-A-14803636K Sh. Pushkar, Refg Mech SK, Gp 'C', S/o Sh. Jai Lal, Working at GE (AF) Subroto Park, New Delhi - 10
MES-377196 Sh. Suraj Kumar, Mate Refg Mech, Gp 'C', S/o Sh. Narad Singh, Working at GE (AF) Subroto Park, New Delhi - 10
MES-376795 Sh. Jitender, FGM SK, Gp 'C', S/o Sh. Ram Chander, Working at GE (AF) Subroto Park, New Delhi - 10
MES-314662 Sh. Krishan, MCM Elect, Gp 'C', S/o Sh. Ram Kishan, Working at GE (AF) Subroto Park, New Delhi - 10
MES-315594 Sh. Bal Kishan, MCM FGM, Gp 'C', S/o Sh. Attar Singh, Working at GE (AF) Subroto Park, New Delhi
MES-374179 Sh. Sudama Prasad, Elect HS-1, Gp 'C', S/o Sh. Bharat, Working at GE (AF) Subroto Park, New Delhi - 10
MES 375281 Sh. Anil Kumar, FGM HS-I, Gp 'C’, S/o Sh. Krishan Lal, Working at GE (AF) Subroto Park, New Delhi-10
MES-374917 Sh. Raj Kumar, FGM HS-I, Gp 'C', S/o Sh. Prithvi Singh, Working at GE (AF) Subroto Park, New Delhi-10
MES-374920 Sh. Vijay Kumar, FGM HS-1, Gp ‘C’, S/o Sh. Ram Prasad, Working at GE (AF) Subroto Park, New Delhi - 10
MES-375288 Sh. Naveen Chauhan, Elect SK, Gp 'C', S/o Sh. Ram Tirath Chauhan, Working at GE (AF) Subroto Park, New Delhi - 10
MES-376143 Sh. Chandiram Loganathal, FGM HS-II, Gp 'C', S/o Sh. Chandran, Working at GE (AF) Subroto Park, New Delhi - 10
MES-376143 Sh. Suraj Kumar Singh, FGM HS-II, Gp 'C', S/o Sh. SP Singh, Working at GE (AF) Subroto Park, New Delhi - 10
Hon’ble Dr. Sumeet Jerath, Member (A)
M.A No. 174/2024 :-
The present M.A filed by the applicants for joining together in a single OA stands allowed for the reasons mentioned therein.
O.A No. 146/2024 :-
The instant OA has been filed by 147 applicants under Section 19 of the AT Act, 1985 seeking the following reliefs :-
"8 (i) To quash and set aside the impugned order No. 1711/LR/03/E10(CAT dated 31.05.2023 (Annexure A-1) passed by the respondents in not granting the Dress Allowance to the applicants pursuant to Govt. of India OMs dated 31.08.2017 and 02.08.2017 wef 01.07.2017 @ Rs. 5000/- per year as granted to other similarly placed persons and further direct the respondents to grant the Dress Allowances wef 01.07.2017 pursuant to aforesaid OMs with consequential benefits including the arrears with 24% interest.
(ii)To declare the impugned action of the respondents in not granting the Dress Allowance to the applicants pursuant to Govt. of India OMs dated 31.08.2017 and 02.08.2017 wef 01.07.2017 @Rs. 5000/- per year as granted to other similarly placed persons, as arbitrary, illegal, discriminatory and further direct the respondents to grant the Dress Allowances wef 01.07.2017 pursuant to aforesaid OMs with consequential benefits including the arrears with 24% interest.
(iii)To allow the OA with exemplary cost.
(iv)Any other orders may also be passed as this Hon'ble Tribunal may deem fit and proper in the existing facts and circumstances of the case."
The factual matrix of the case as per the counsel of the applicants is that the applicants are working with Military Engineering Service (MES) on different posts viz. Master Craftsman (MCM), Fitter General Mechanic (FGM), Highly Skilled Grade-I, Carpenter, Elect. Mate, Painter etc. and fall within the term ‘Industrial Employees’ and belong to Group-C erstwhile Group-D. Prior to 7th CPC Report, the Industrial Employees were provided ‘Dangri’ (Dress) on yearly basis with washing allowance per month. However, after the 7th CPC the respondents stopped the said allowance w.e.f. 01.01.2016.
Subsequently, vide OM dated 02.08.2017 issued by the Ministry of Finance and OM dated 31.08.2017 issued by the DoP&T the uniform/washing allowance was subsumed in dress allowance which shall be available at the rate of Rs.5000/- per annum once every year in the month of July.
Learned counsel of the applicants forcefully argued that the applicants too deserve to get Rs.5000/- per annum dress allowance as otherwise it would violate Articles 14 and 16 of the Constitution of India – discrimination between identically placed persons. He stated that the case of the applicants is squarely covered by Deptt. Of Expenditure, Ministry of Finance OM No.19051/1/2017-E.IV dated 02.08.2017 and DoP&T OM No. F 14/4/2015-JCA 2 dated 31.08.2017 and the decisions of :-
CAT Tribunal (Chandigarh Bench) in OA No. 060/01228/ 2019 dated 05.06.2020 upheld by Hon’ble High Court of Punjab & Haryana in CWP – 19228-2021 dated 04.10.2021.
Coordinate Bench of CAT – Principal Bench in OA No. 278/2023 dated 22.07.2024.
The learned counsel of the respondents has failed to file the counter affidavit in the instant OA despite being given several opportunities in the post as evident from the order sheets dated 14.03.2024; 14.05.2024; 05.08.2024; 30.08.2024 and 30.09.2024.
We cannot wait indefinitely for the respondents to file their counter affidavit and thereby countenance their arbitrary, discriminatory, unreasonable, unfair and unjust action. The decision of CAT Tribunal (Chandigarh Bench) states as follows :-
12.A perusal of the OM dated 2.8.2017 would disclose that Ministry of Finance has taken a conscious decision that in supersession of earlier orders relating to various allowances viz. Clothing, Initial Equipment, Kit maintenance, Robe, Robe maintenance, Show, Uniform and Washing etc. Dress Allowance was sanctioned and category of staff, who was to be supplied uniforms and were required to wear them regularly like Trackmen, Running Staff Railways, Staff Car Drivers, MTS, Canteen Staff of Non-Statutory Departmental Canteens etc., was sanctioned a sum of Rs.5,000/ per annum and these various allowances were subsumed, no other allowance was to be paid. Pursuant to this memo, the DoP&T, nodal Department, also issued Office memo dated 31.8.2017, which clearly provides that Uniform Allowance/Washing allowance/Stitching Charges/Show Allowance etc. have been subsumed in Dress Allowance which shall be Rs.5,000/- per annum. which shall be credited to the salary of employees directly once a year in the month of July. As per para 7, this allowance covers only the basic uniform of the employees and any special clothing will continue to be provided by the concerned Ministry, as per existing norms. In compliance thereto, the PCDA, Chandigarh, vide decision dated 5.6.2018 (Annexure A-3), clearly indicated that benefit of OM dated 2.8.2017, may be extended to the civilian of MES including industrial personnel. Again there is a letter dated 2.8.2018 (Annexure A-4), indicating that competent authority has clarified that Dress Allowance is payable to industrial/non industrial employees w.e.f. 1.7.2017. Thereafter, the applicants were granted the benefit of Dress Allowance for the years 2017-18 to 2019-20.
13.It is quite surprising that all of a sudden, the respondents have passed the impugned orders conveying that there is not even a decision as yet for grant of Dress Allowance to the category of the applicants and as such the payment of allowance already made may be recovered, as clarified by PCDA, Chandigarh, and as such impugned orders of recovery were passed, that too in violation of the principles of natural justice. A perusal of both reproduced OMs would make it clear that a conscious decision was taken by the Ministry of Finance, Department of Expenditure, New Delhi and then DoP&T (Nodal Department), pursuant to implementation of the 7th CPC recommendations, for grant of Composite Dress Allowance, instead of various allowances, which were discontinued, @ Rs.5,000/- per annum. The respondents have also not rebutted the averments made by the applicants that they stopped receiving the washing allowances from the date they started getting Dress Allowance @ Rs.5000/-per annum. Be that as it may, the fact remains that since a specific clarification has already been issued by the nodal Department of Personnel & Training, for grant of such allowance to the entitled categories, therefore, the view taken by respondents in withdrawing the same from the applicants and making recovery thereof cannot be sustained and as such the impugned orders in all these cases are quashed and set aside. The applicants are held entitled to grant of Dress Allowance and if any recovery has been made, the same be refunded to the relevant individuals involved in these cases. No costs.”
The entire ratio has been reiterated by the Coordinate Bench of CAT-PB in OA No. 278/2023 dated 22.07.2024. We are inclined to follow the same ratio and cannot take a divergent view in respect of the same set of employees of Military Engineering Service (MES) and especially when this principle in service jurisprudence has already been settled and the order of the Chandigarh Bench of CAT has been duly complied by the respondents vide letter No. PC No. 90237/4021/EIC(Legal) dated 06.07.2022 by the Under Secretary, Ministry of Defence, to the Engineer-in-Chief, HQ Military Engineer Services whereby sanction of the President of India has be conveyed to implement the CAT Chandigarh Bench’s order dated 05.06.2020 in OA 060/1228/2019 regarding grant of Dress Allowance @ Rs.5000/-per annum to the industrial employees of MES.
Accordingly the instant OA having merit is allowed. The impugned order No. 1711/LR/03/EIO(CAT) dated 31.03.2023 is quashed and set aside and the respondent no. 2 – Engineer–in-Chief – MES – Kashmir House, New Delhi is directed to pay Dress Allowances @ Rs.5000/- per annum to the applicants w.e.f. 01.07.2017 along with arrears. The above exercise shall be completed within a period of two months from the date of receipt of a certified copy of this order. However, there will be no order as to costs.
Pending M.A(s) if any, also stand disposed of accordingly.