BALCO EMPLOYEES UNION Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition appears to have been necessitated because the respondents had not granted pay, allowances and perquisites to the petitioners. It was in this context that the first prayer in the writ petition was pressed before me. It reads as under:

(2.) The contention of Mr. Viraj R. Datar, learned Counsel appearing on behalf of Union of India, is that the petition ought to be disposed of forthwith since the reliefs claimed for by the petitioners have already been granted. He submits that it has been clarified in the Office Memorandum dated 27.3.2000 that the HRA / Leased accommodation/rent recovery and CCA would be computed on revised basic pay from the date of implementation of the guidelines i.e. the date of issue of Presidential Directive revising the pay scales. His further contention is that Office Memorandum No. 2(49)/98-DPE (WC) dated 25.6.1999 had been extended to the petitioners vide Presidential Directive dated 3.8.2000, the salient portion of which is reproduced below:

(3.) Dr. A.M. Singhvi, learned Counsel appearing on behalf of petitioners, however, vehemently argued that the prayers contained in the petition have only been partially met and, therefore, the petition ought not to be disposed of, since the pay and allowances have not been granted to the petitioners with effect from 1.1.1997. It is further contended that no reasons had been disclosed why the benefits were not granted from this date. Relying on the Additional Affidavit filed on behalf of respondents 1 to 3 he has submitted that since there was a difference in the date from which pay and allowances were made applicable in the case of ONGC, NTPC and NHPC, there is a palpable violation, inter alia, of Article 14 of the Constitution. He, therefore, sought leave to permit the petitioners to amend the writ petition so as to assail the circular dated 17.8.2000 informing that the revised rates of HRA and CCA shall be payable with effect from 1.8.2000, which circular is in violation of the Presidential Directive dated 3.8.2000. Prima jade, however, there appears to be little room to make the payment of HRA and CCA applicable with effect from the date of the Presidential Directive, i.e., 1.8.2000, when this Directive itself states the date of implementation to be 1,1.1997..