REGIONL DIRECTOR EMPLOYEES SATE INSURANCE CORPORATION Vs. SECRETARY EMPLOYEES SATE INSURANCE CORPORATION EMPLOYEES UNION

JUDGEMENT

(1.) By this batch of Writ Petitions, the petitioners have challenged the judgments and orders passed by the learned Central Administrative Tribunal, Guwahati Bench regarding the grant of Special Duty Allowance (for short "SDA") to the employees under them.

(2.) In WP(C) No. 5087/99 the petitioners, Regional Director, ESI Corporation and another have challenged the order dated 17/2/99 passed by the learned Tribunal setting aside the order dated 12.6.96 issued by the petitioner No. 1 and directing that the employees of the Corporation will continue to receive the SDA in terms of the order dated 28.2.90 passed in O.A. No. 130(G)89. An application being O.A. No. 103/96 was filed by the Respondent Nos 1 and 2 herein challenging the order issued by the Regional Director, ESI Corporation dated 12.6.96, whereby the SDA directed to be paid by the learned Tribunal vide order dated 28.2.90 in O.A.No. 130(G)/89 was sought to be recovered with effect from 20.9.94 and also deciding not to pay the said allowances to the members of the Respondent No. 1 Association, though the learned Tribunal by the aforesaid order dated 28.2.90 has held that the Members of the petitioners association are entitled to such SDA.

(3.) WP(C) No. 3009/2001 is filed by the Union of India challenging the order dated 20/12/2000 passed by the learned Tribunal in O.A. No. 306/99 filed by the applicants therein, who are the respondents before this court, to pay the SDA in terms of the officer memorandums dated 14.12.83 and 1.12.88 for the period of their posting in North East- em Region. The said Original Application was filed by the respondents herein claiming the said allowances in terms of the judgment passed by the Apex Court in Union of India and others Vs. B. Prasad B.S.D. and others, reported in (1997) 4 SCC 189 and also in terms of the office memorandums dated 14.12.83 and 1.12.88 claiming that they have fulfilled all the conditions for grant of such SDA.