LAWS(HPH)-2005-3-25

GURCHET SINGH RAJPUT Vs. UNION OF INDIA (UOI)

Decided On March 17, 2005
GURCHET SINGH RAJPUT AND ORS Appellant
V/S
Union Of India (Uoi) And Ors Respondents

JUDGEMENT

(1.) Petitioners have filed this writ petition under Articles 226/227 of the Constitution of India for issuance of an appropriate writ, order or direction quashing the order of the Central Administrative Tribunal dated 20.11.1997 (Annexure P-l) whereby and where under their Original Application No. 369-HP of 1996 seeking claim for the grant of Special Compensatory (Remote Locality) Allowance (herein after for short 'S.C.R.L.A.') was rejected.

(2.) The Petitioners are employees of Railway Board working on different posts at Kandaghat, Shoghi and Solan in Himachal Pradesh. They filed Original Application before the Central Administrative Tribunal seeking relief for the grant of S.C.R.L.A. Their Original Application was dismissed by the Tribunal on 01.12.1995 on the sole ground of limitation. They filed S.L.P. before the Hon'ble Supreme Court against the said order which was allowed with the direction that the Tribunal should decide the claim of the Petitioners on merits. The matter came up before the Central Administrative Tribunal for consideration on merits.

(3.) It was the case of the Petitioners before the Tribunal that the employees of the Central Government posted at Shimla, Solan and Kasauli in District Solan were receiving, S.C.R.L.A. in terms of the instructions of the Central Government as well as the decisions of the Central Administrative Tribunal recorded on the petitions filed by the employees of the Central Government. In support of their claims, the Petitioners have relied upon the relevant instructions of the Government of India dated 15.11.1985 and 27.04.1987 and earlier orders of the Tribunal. They claimed that they should not be discriminated for the grant of S.C.R.L.A. with other Central Government employees.