SAJAKUMAR V. Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners who are holding various positions in Group B and Group C category in General Reserve Engineer Force (GREF) under Ministry of Defence, Government of India, by way of this Writ Petition under Article 226 of the Constitution of India, 1950 have sought issuance of directions to set aside Office Order dtd. 12/2/2021 and to regularize the period of absence due to COVID-19 Pandemic which may be treated as on duty, for all purposes.

(2.) The facts in brief are that the petitioners pursuant to a bilateral Trade Agreement between Government of India and Government of Bhutan were granted deputation and posted on foreign assignment to execute major projects relating to Roads, flyovers and airports in Bhutan. As a practice, the period of assignment to foreign country is two years. Additionally, the employees on special assignment to Bhutan are eligible to get Bhutan Compensatory Allowance (BCA) in addition to their usual entitlements. Because there are extra monetary benefits attached to this foreign assignment, the selection for BCA tenure is strictly based on a specific procedure which is carried out in an equitable manner, the selection criteria being the credentials, ability, medical status and grading in APAR as well as seniority. As per practice, an employee is entitled to get the foreign assignment in Bhutan only once in its career.

(3.) The petitioners were duly selected for foreign assignment to Bhutan under BCA tenure and were sent for execution of projects in Bhutan during the year 2018-19. The petitioners were entitled to avail Casual Leave of fifteen days on sanction during their assignment period and were not deprived of the benefit of BCA during this authorized and sanctioned casual leave period. However, in case of other leave of a period less than 60 days, BCA will be reduced by 50% for the period of leave. If the leave period is beyond 60 days, BCA was not payable.