UNION OF INDIA Vs. SWAPAN KR DEB

JUDGEMENT

(1.) This writ petition is directed against the order dated 26.02.2001 made in Original Application No. 375 of 1999 on the file of the Central Administrative Tribunal, Guwahati Bench, Guwahati.

(2.) That, all together 28 applicants, including the sole respondent in this petition, invoked jurisdiction of the Tribunal praying for directions as against the petitioners to give effect to the Office Memo No. 20014/3/83 E-IV dated 04.12.83 and the Office Memo bearing similar number dated 01.12.1988 and for payment of Special Duty Allowance in terms of the said Office Memoranda. Out of the 28 applicants, 23 of them earlier approached the Tribunal praying for issuance of similar directions. The learned Tribunal disposed of the Original Application directing the petitioners to pay Special Duty Allowance (SDA) with effect from 01.11.1983 or from the date on which the applicants therein joined respective posts in the North Eastern Region, whichever was later, within a specified period. The said order attained finality and in terms of the said order the applicants were paid the Special Duty Allowance.

(3.) On the strength of a communication dated 29.12.90 the very petitioners herein gave the benefit to various other employees who were not even the petitioners in Original Application No. 82/90, which was disposed of on 31.09.90. Such decision obviously appears to have been taken in accordance with the instructions issued by the Ministry of Finaince O.Ms dated 14.12.83 and 01.12.88. By a subsequent order dated 09.01.1999 the authority reviewed the earlier order to the effect that the amount already paid on account of SDA to ineligible persons after 20.09.1994 were required to be recovered, which was challenged in the Original Application No. 375/99 before the Tribunal.