UNION OF INDIA Vs. S VIJAYAKUMAR

JUDGEMENT

(1.) The point for determination in this appeal and in the special leave petitions (which have our leave) is whether the respondents are entitled to special duty allowance (hereinafter referred to as "the allowance") , even though they are residents of North-Eastern Region merely because of the posts to which they were appointed were of "all India Transfer Liability". The tribunal has answered the question in affirmative. These appeals have been preferred by the Union of India.

(2.) The tribunal took the aforesaid view because the Office Memorandum dated 14/12/1983 which is on the subject of "allowances and facilities for civilian employees of the central government serving in the States and Union Territories of the North-Eastern Region improvement thereof" had stated that allowance shall be payable if the posts be those which have "all India Transfer Liability". The stand of the Union of India, however, is that this office memorandum, if it is read along with what was stated subsequently in office memorandum dated 20/4/1987, it would become clear that the allowance was required to be paid to those incumbents who had been posted in North-Eastern Region carrying the aforesaid service condition and not to those who were residents of this region. The office memorandum of 1987 has clearly stated that the allowance would not become payable merely because of the clause in the appointment order to the effect that the person concerned is liable to be transferred anywhere in India.

(3.) Dr Ghosh appearing for the respondents contends that the office memorandum of 1983 having not stated what is contained in the memorandum of 1987, a rider cannot be added to the former that the allowance could be payable only to those who had been given posting in the North-Eastern Region, and not to those who were residents of this Region. It is also contended that denial of the allowance to the residents, while permitting the same to the nonresidents, would be violative of doctrine of equal pay for equal work and as such of Articles 14 and 16 of the Constitution.