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Judgment
Elipe Dharma Rao, J.—The writ petition is directed against the order dated 05.02.2003 passed by the Central Administrative Tribunal in
O.A. No. 144 of 2002.
The case of the applicants/respondents 2 and 3 is that the second respondent is a registered and recognized union and is affiliated to the All
India Defence Employees Federation and the applicants are all working as Durwan in the Heavy Vehicles Factory, Avadi, Chennai. The first writ
petitioner granted night duty allowance to nine categories of employees of Ordnance Factories and Ordnance Equipment Factories by order dated
12.02.1985. The Durwans were one of the nine categories mentioned in the said order and they were getting the night duty allowance from
12.02.1985. However, the 1st writ petitioner, by Office Memorandum dated 02.04.1998, withdrew the benefit of payment of night duty
allowance to the Chowkidar category alone with immediate effect. But the second writ petitioner stopped the night duty allowance to Durwans
also on the basis of the said OM. The applicants made representation that the nature of duties and responsibilities of Durwans are different from
that of Chowkidar and requested the writ petitioners to continue the grant of night duty allowance to Durwans, but the same was rejected by the
2nd writ petitioner by the impugned order dated 09.10.2001 on the ground that the nature and duties of Durwans are similar to that of
Chowkidars. Aggrieved, respondents 2 and 3 herein have filed O.A. No. 144 of 2002 before the Tribunal.
It is submitted by respondents 2 and 3 that the duties and responsibilities of Durwans are different from that of Chowkidars, that the night duty
allowance was granted to nine categories of employees in the Ordnance Factories and Ordnance Equipment Factories by order dated 12.02.1985
of the Ministry of Defence and the discontinuance of payment of night duty allowance only to Durwans amounts to discrimination and there is no
post of Chowkidar in the Ordnance Factories, that the order dated 02.04.1998 discontinuing night duty allowance to Chowkidars cannot be
extended to Durwans and that the impugned order dated 09.10.2001 is arbitrary and illegal and it has to be quashed.
The writ petitioners herein have opposed the said claim of the applicants on the ground that the Hon''ble Supreme Court in its judgment dated
01.08.1997 in SLP (Civil) No. 25134 of 1996 had upheld the DOP&T U.O. Note dated 12.10.1995 declaring that Chowkidars/Guards being
such a category, whose duties contain an element of night duty are not eligible for night duty allowance. The Ordnance Factories Board, Calcutta
vide their letter dated 25.09.2001 informed the second writ petitioner that the Ministry of Defense O.M. dated 02.04.1998 discontinuing the night
duty allowance to Chowkidars is applicable to Durwans working in the second writ petitioner Ordnance Factory and, therefore, the stoppage of
night duty allowance to Durwans working in the Ordnance Factory is correct and the impugned order dated 09.10.2001 rejecting the
representation of Durwans in the second writ petitioner Factory is also correct and, therefore, the original application is liable to be dismissed.
The Tribunal, on consideration of the facts and circumstances of the case and after going through the records, allowed the original application.
Aggrieved by the same, the present writ petition is filed.
Heard the learned Counsel for both sides.
On a careful perusal of the entire materials placed on record and upon hearing the learned Counsel for both sides, we are of the considered
view that the impugned order passed by the second writ petitioner is liable to be set aside on the ground that there is no specific order of
withdrawal of benefit of payment of night duty allowance to the Durwans, since the O.M., dated 02.04.1998 has been specifically issued
withdrawing the benefit of payment of night duty allowance to the Chowkidars. When by the earlier proceedings, dated 12.02.1985, nine
categories of employees of Ordnance Factories and Ordnance Equipment Factories were granted night duty allowance, the withdrawal
proceedings have been issued only regarding Chowkidars and the name of no other category mentioned in the earlier proceedings dated
12.02.1985 finds place in the O.M., dated 02.04.1998. When the proceedings themselves are silent, the writ petitioners cannot place reliance on
the interpretation given by the Financial Advisor C of A (Fys) at Kolkata, so as to deny benefits to the applicants. Further, the writ petitioners
failed to establish that the duties and responsibilities of the Chowkidars and the Durwans are one and the same, so as to say that when the benefits
extended to the Chowkidars were withdrawn, the same rule of law will apply to the case of Durwans also. In the absence of any specific order of
withdrawal of the benefits, the writ petitioners have no power to withdraw the same merely on the basis of the said interpretation given by the
Financial Advisor C of A (Fys) Kolkata.
The Tribunal has analysed all the facts and circumstances of the case in their proper perspective and has correctly decided the issue involved
wherein we find no illegality or irregularity or perversity in approach calling for our interference. The writ petition fails and same is, accordingly,
dismissed. No costs. Consequently, connected WPMP. is also dismissed.