UNION OF INDIA Vs. JS SHARMA

JUDGEMENT

(1.) This writ petition is directed against the order dated 5 th February, 2013 of the Central Administrative Tribunal, Principal Bench, New Delhi, ("Tribunal"). The endeavour of the petitioner to recover from the respondents herein such monies as were paid to them as transport allowance was directed to be not recovered. The issue before the Tribunal was:

(2.) The facts in which the present issue arose are that for commuting between office and residence. Officers of the level of Joint Secretary and above are provided with the facility of staff car on prescribed payment basis (under Office Memorandum No. 20(5)- E.II(A)/93 dated 28th January, 1994). They have the option to switch over to payment of transport allowance, at applicable rates subject to the facility of staff car being withdrawn. The respondents who were Group A Officers, were drawing pay at par with an officer of the post of Joint Secretary. However, the respondents reached that level of pay scale on the grant of non-functional upgrade (under Officer Order No. 30/26/2010-EC-EW-1 dated 3rd February, 2011). This upgrade was in pursuance of Office Memorandum (OM) No. AB.14017/64/ 2008-Estt.(RR) dated 24th April, 2009 of the DoPT, which recommended / directed such non-functional upgrade. Since the pay grade of the respondents was at par with that of officers of the level of Joint Secretary as a consequence of the grant of the non functional upgrade they were being allowed transport allowances at the rate of Rs.7,000/- + D.A. from the dates from which they were conferred the upgrade.

(3.) The said allowances were sought to be withdrawn by the petitioners (by OM dated 23rd September, 2011) on the ground that it was not payable to officers who were granted grade pay of Rs.10,000/- under Non-Functional Upgradation Scheme and that the facility of official car was available only to those who were covered by OM dated 28th January, 1994. The over-payment of the transport allowance was sought to be recovered from the said officers / respondents herein by way of individual notices dated 5th October, 2011.