UNION OF INDIA Vs. BIPLAB ROY CHOUDHURY

JUDGEMENT

(1.) THE challenge made in the instant proceeding is against the order dated 01.08.2007 passed by the learned Central Administrative Tribunal (hereinafter to be referred to as the 'Tribunal') in a series of original applications including OA. No.25/2006 as well as the one dated 05.11.2009 passed in EP No.5/2009 arising therefrom.

(2.) WE have heard Mr. DC Chakraborty, learned Central Government Standing counsel for the petitioner and Ms. U Dutta, learned counsel for the respondents/applicants. Incidentally the respondents/applicants in OA No.25/2006 and EP No.5/2009 had approached the learned Tribunal seeking grant of Special Duty Allowances on the basis of their all India transfer liability as well as their postings in the North Eastern Region of the country as contemplated by the relevant Official Memorandum issued by the Central Government to that effect. Vide judgment and order dated 01.08.2007 referred to hereinabove, the learned Tribunal on a due analysis of the facts involved granted the reliefs prayed for and parted with the proceedings with the following operative directions:

(3.) MR. Chakraborty has emphatically urged that in the above backdrop of facts, fresh liberty granted to the respondents/applicants to submit individual representations within a new time frame of 1(one) month with a mandate to the union authorities to disburse the allowance is wholly unwarranted. According to him, the respondents/applicants having failed to comply with the directions as contained in the judgment and order dated 01.08.2007 for release of the allowance to them, in absence of any acceptable justification, the fresh liberty to pursue the same relief ought not to have been granted.