UNION OF INDIA Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) THE Union of India and its officers have filed the present petition under Articles 226 and 227 of the Constitution of India for quashing the order dated 22.11.2011 (Annexure P-3) passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (hereinafter referred to as 'the Tribunal'), whereby respondents No.2 to 6 have been granted the benefit of Field Service Concession (in short 'FSC') and the petitioners have been restrained from effecting the recovery of FSC already paid to the respondents, and if some recovery was effected from the respondents, the same be refunded to them within a period of one month from the date of receipt of a copy of the order.

(2.) IN the present case, respondents No.2 to 6 aggrieved against the order dated 3.6.2011 (Annexure A-1) for recovery of the FSC being given to them in view of the service rendered by them for "Operation Parakram" w.e.f. 14.12.2001 to 18.3.2003. The learned Tribunal vide impugned order dated 22.11.2011 has allowed the Original Application of the respondents by following its earlier decision in identical case titled as Bathinda Ammunition Depot Janta Karamchari Sangh & Ors. Vs. Union of India & Others, (O.A. No.604/PB/2010, decided on 13.7.2011), while observing as under:-