UNION OF INDIA Vs. NARENDRA GUPTA

JUDGEMENT

(1.) THE Petitioners, the Union of India and others, have approached this court to impugn the order dated 20th December, 2001 in Original Application No.669 of 1997. By that order the petitioners have been held to be entitled to the allowance as envisaged in D.O.P.T. letter dated 31.03.1987 and further in O.M. dated 09.07.1992. The directions have been issued to grant the allowance at the rate of 30% of the emoluments w.e.f. 01.01.1986 and at 15% w.e.f. 09.07.1992. As the Respondents, who were Applicants, had approached the Tribunal in April,1998, the Tribunal directed that the arrears shall be confined to the period of one year prior to the filing of Original Application. That part of the order has not been challenged by the Respondents.

(2.) IT is the case of the Petitioners that the OM dated 31.03.1987 and consequential OM of 9th July, 1992 are not applicable to the Respondents as they were members of the permanent faculty of the Institute of Armament Technology.

(3.) THE petitioners were appointed in the cadre of Scientists under the Defence Research and Development Services (D.R.D.S.). At a review of the functioning of the Ministry by the Prime Minister, it was emphasised that there was a need of improving the quality of training imparted and that the requisite facilities be given to the teaching faculty members with an idea to attract the best persons in the various training institutes as a trainer talent. This was incorporated in the Memorandum dated 13th September, 1985. One of the facilities was extra emoluments by way of special pay or allowances. Pursuant to that, suggestions were invited from the faculty members in various training institutes by a communication of 15th October, 1985. A memorandum thereafter came to be issued on February 07, 1986. One of the subjects covered by the memorandum was the granting of deputation allowance to faculty members who joined the training institutions. The memorandum provided for a rise at 30% of the total emoluments which they should be getting in their cadre while posted in the field. Clause -(iv) of the O.M. further provided as under:-