UNION OF INDIA Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) THE writ petition is directed against the order dated 05. 02. 2003 passed by the Central Administrative Tribunal in O. A. No. 144 of 2002.

(2.) THE case of the applicants/respondents 2 and 3 is that the second respondent is a registered and recognized union and is affiliated to the All India Defence Employees Federation and the applicants are all working as Durwan in the Heavy Vehicles Factory, Avadi, Chennai. The first writ petitioner granted night duty allowance to nine categories of employees of Ordnance Factories and Ordnance Equipment Factories by order dated 12. 02. 1985. The Durwans were one of the nine categories mentioned in the said order and they were getting the night duty allowance from 12. 02. 1985. However, the 1st writ petitioner, by Office Memorandum dated 02. 04. 1998, withdrew the benefit of payment of night duty allowance to the Chowkidar category alone with immediate effect. But the second writ petitioner stopped the night duty allowance to Durwans also on the basis of the said OM. The applicants made representation that the nature of duties and responsibilities of Durwans are different from that of Chowkidar and requested the writ petitioners to continue the grant of night duty allowance to Durwans, but the same was rejected by the 2nd writ petitioner by the impugned order dated 09. 10. 2001 on the ground that the nature and duties of Durwans are similar to that of Chowkidars. Aggrieved, respondents 2 and 3 herein have filed O. A. No. 144 of 2002 before the Tribunal.

(3.) IT is submitted by respondents 2 and 3 that the duties and responsibilities of Durwans are different from that of Chowkidars, that the night duty allowance was granted to nine categories of employees in the Ordnance Factories and Ordnance Equipment Factories by order dated 12. 02. 1985 of the Ministry of Defence and the discontinuance of payment of night duty allowance only to Durwans amounts to discrimination and there is no post of Chowkidar in the Ordnance Factories, that the order dated 02. 04. 1998 discontinuing night duty allowance to Chowkidars cannot be extended to Durwans and that the impugned order dated 09. 10. 2001 is arbitrary and illegal and it has to be quashed.