BIGYAN KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) An application under Article 32 of the Constitution being Writ Petition No. 591 of 1987 has been filed in this Court on behalf of 40 employees working in the Pension Paying Office, Pokhara in Nepal asking for a direction to the Union of India to make the services of the petitioners permanent and for further directions in the matter of payment of allowances and other material benefits as payable to similar employees under the Union Government. Notice was ordered on the application on 14th July, 1987, and two weeks' time was allowed to the respondents for filing their counter-affidavit. On 3rd August, 1987, the court directed as follows :-

(2.) Petitioners have alleged that with the filing of the writ petition, the treatment provided to the petitioners by the establishment has undergone a change and those of the respondents who have local base in Nepal have started ill-treating the petitioners. Several allegations have been made in support of the aforesaid plea. After notice was issued on this petition, the different respondents have filed separate affidavits in return.

(3.) The Indian Embassy for Nepal is located at Kathmandu. The Pension Paying Office is maintained at some distance at a place called Pokhara. It is the common case of the parties that the necessity to maintain such an office is linked up with the historical fact that several inhabitants of Nepal worked in the Indian Army under the Gorkha Regiment. Mainly for their convenience this extra territorial establishment is being maintained. Some of the petitioners are India based while others are residents of Nepal. The establishment at Pokhara is under the direct control of an officer attached to the Indian Embassy styled as Officer-in-Charge, Indian Embassy, Pension Paying Office, Pokhara. The Ambassador of the Indian Embassy at Kathmandu, being the head of Indian Government establishments in Nepal, has also supervisory jurisdiction over the Pay Office, Respondent No. 5, the Military and Air Attache of the Indian Embassy is the link between the Embassy establishment at Kathmandu and the said Officer-in- Charge at Pokhara. Respondent No. 3 is the Controller of Defence Accounts who inter alia oversees the disbursement of the pension of the ex-Army personnel. Respondent No. I is the Union of India through its Defence Secretary and respondent No. 2 is the Secretary of the Ministry of External Affairs. Admittedly both these respondents are based in Delhi and have been impleaded being in overall charge of their establishments.