UNION OF INDIA Vs. CRI, EMPLOYEES ASS

JUDGEMENT

(1.) This writ petition by the Union of India is directed against the order dated 28.6.2004 passed in Original Application No.761-HP-03 by the learned Central Administrative Tribunal, Chandigarh Bench whereby the Original Application has been allowed and the following directions have been issued:-

(2.) case has a long and chequered history. The Union of India runs the Central Research Institute (CRI) at Kasauli in the State of Himachal Pradesh. The Government of India granted Special Compensatory (Remote Locality) Allowance (hereinafter referred to as SCA) to its employees posted in remote areas. Shimla was classified as C class city and Kasauli was an unclassified city. The employees at Shimla were getting a higher rate of SCA. Therefore, the employees of the CRI, Kasauli filed Original Application No.92-HP/1988 claiming same rate of SCA as was payable to the employees of the Central Government at Shimla.

(3.) This application was allowed by the learned Tribunal and a direction was issued to the Government of India to grant SCA to the applicants from the date the same was being paid to the Central Government employees posted at Shimla at the same rates. Thereafter, the Union of India again classified the various areas in the State of Himachal Pradesh for the grant of SCA. Reclassification was done and Kasauli was put in a separate category D whereas Shimla was placed in category C. On the recommendations of the 5th Central Pay Commission, the rates of SCA were revised on 20th July, 1998 and different SCA was payable for different categories. Thereafter, the employees association of the CRI took up the matter with the Union of India and again claimed that they be paid SCA at par with the rates in Shimla in consonance to the orders of the Central Administrative Tribunal dated 19.5.1989 passed in OA No.92/HP/88.