UNION OF INDIA Vs. AJAY BHATTI

JUDGEMENT

(1.) Aggrieved by the order passed by the Central Administrative Tribunal whereby it allowed the petition filed by the petitioners (respondents herein), the petitioners have filed the instant petition.

(2.) The claim of the respondents relates to the grant of Special Compensatory (Remote Locality) Allowance (for short 'SCA'). According to the case set up by the respondents, it was averred that all the respondents were/are posted at the Air Force Station, Kasauli (for short 'AFS') in different trades. After the Fifth Pay Commission Report, the Central Government allowed Special Compensatory (Remote Locality) Allowance against Hill Compensatory Allowance for its employees including the one's posted at Shimla. On being denied the benefit, the employees posted at AFS Kasauli and Central Research Institute, approached the Tribunal by filing O.A. No. 92-HP-1998, titled Central Research Institute Employees Associations, vs. Union of India and Ors., claiming benefit of such allowance and the same was allowed vide order dtd. 19/5/1989. But when it got down to the respondents, the same had illegally been denied to them on the pretext that the benefit of SCA was allowed only to those of the employees, who were party to the aforesaid case.

(3.) The petitioner contested the petition and submitted that AFS, Kasauli was authorised SCA as per letter dtd. 29/8/2008 and accordingly SCA had been paid to all employees of the Station as per Policy till 30/6/2017 before implementation of the Seventh Pay Commission recommendations, except employees, who had been arrayed as party in OA. No. 1072-HP-1990, titled as Mukesh Gautam and Ors. vs. Union of India and and Ors. decided on 19/10/1990.