UNION OF INDIA Vs. M LEPDON A O

JUDGEMENT

(1.) Five applications were filed before the Central Administrative Tribunal, Guwahati Bench (hereinafter referred to as 'the Tribunal') by Groups 'B', 'C' and 'D' employees of different departments of the Government of India posted in the State of Nagaland wherein they claimed that they are eligible for free furnished accommodation but no such accommodation had been provided to them and, therefore, they are entitled to be paid compensation in lieu of the rent free accommodation consisting of licence fee and House Rent Allowance. Since that has been denied to them, they approached the Tribunal for redressal.

(2.) The appellants before us contended that the respondents are not entitled to such benefits in terms of different notifications issued by the Government from time to time. The Tribunal examined the matter and held that the respondents are entitled to House Rent Allowance at the rate prescribed for 'B' class cities to the Central Government employees which would be payable at the rate of 15% from 1-1-1986 to 30-9-1986 and from 1-10-1986 at flat rate prescribed under O.M. dated 7-8-1987 read with another O.M. dated 13-11-1987 and the notification GSR No. 623(E) amending the Fundamental Rule 45A with effect from 1-7-1987 as held by this Court in Civil Appeal No. 2705 of 1991, (Union of India vs. S. K. Ghosh). This part of the order made by the Tribunal is not in challenge before us.

(3.) On the question of payment of compensation in lieu of rent free accommodation, the Tribunal felt bound by the decision of this Court in S. K. Ghosh's case though O.M. dated 2-8-1960 is not superseded and ordinarily the compensation would be payable only to those who fall within the eligibility criteria thereunder. That in view of the ratio of the decision in S. K. Ghosh's case wherein this Court approved the view taken by the Tribunal in its order which was the subject-matter of consideration before them in appeal that the House Rent Allowance should be paid at a particular rate and the manner in which the same could be reduced subsequently by efflux of time was also indicated.