UNION OF INDIA Vs. CHAFFEURS CLASS III ASSOCIATION

JUDGEMENT

(1.) The petitioner, by this Writ Petition, has assailed the order, dated 27th February, 2001, passed in MA No.204/2000 of OA No.76/1999 by the Central Administrative Tribunal, Principal Bench, New Delhi (for short "the Tribunal"). The appellant, through this writ petition, has challenged the findings of the Tribunal, wherein the O.A. of the respondents was allowed on the ground that the Chauffeurs in Group "C" category were discriminated against the similarly situated persons. Incidence of financial liability cannot be made the rationale for treating the Chauffeurs at par with Group "D" when as per the rules applicable categorization is to be in Group "C".

(2.) Petitioners have assailed the impugned order on the grounds that grant of some benefits to Chauffeurs of Group "C" at par with Group "D" category is not downgrading and is not discriminatory but a policy decision taken after taking due account of exigencies involved.

(3.) The facts culminating in the filing of present petition are that a letter No. Q/GA/791/80/89 dated 26th December,1989 laying down the terms and conditions of service of Non-IFS (B) members of Staff posted in Indian Missions and Posts Abroad was issued. The respondents-chauffeurs, who are "Group C" employees of the Ministry of External affairs challenged the said letter on the grounds that although they are Group 'C' employees yet they are being treated at par with Group 'D' employees, insofar as the grant of travelling allowance for family, furniture, residential accommodation, insurance of personnel effects, children educational allowance, cutlery and crockery grant and children holiday packages are concerned. The respondents contention is that once they are categorized as Group 'C' employees all benefits granted to Group 'C' employees ought to be granted to them and the present treatment of granting them benefits at par with Group 'D' employees is discriminatory, arbitrary and devoid of any rationale.