MOHD. YOUSUF MIR Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) The Government of India in the year 1963 decided to extend facilities available to the combatants in the forward areas to "Defence Civilian Employees" working with the combatants in such areas. As a follow up to the above decision, vide Ministry of Defence (MOD for short) letter dated 02.03.1963, followed by MOD letter dated 25.01.1964 the concessions called "Field Service Concession" (FSC for short) till then only available to the Armed Forces, were extended to the "Defence Civilian Employees". The concessions included free ration to the beneficiaries. The decision to make available free ration and other FSC to non-combatants in the said areas came to be reviewed from time to time. MOD letter dated 2.3.1968 further detailed and specified the FSC in the appendix attached to it. The FSC were further extended vide MOD letter dated 18.02.1986. In the year 1994 review and re-classification of the "Field Areas" was made and vide order dated 13.01.1994 "Field Areas" were divided into two categories "Field Areas" and "Modified Field Areas". The areas where troops are deployed near the borders for operational requirements with greater imminence of the hostilities and grave risk to their lives, were classified as "Field Areas". The "Modified Field Areas" on the other hand, included the areas where the troops are deployed in an operational support or, in other words, to support the troops deployed near the borders for operational requirements. In the "Modified Field Area" degree of operational readiness is little lower than in the Field Area. The Government after re-classifying the Field Areas as "Field Areas" and "Modified Field Areas" vide Government letter dated 13.01.1994, vide MOD letter dated 31.1.1995, as modified by Corrigendum dated 12.9.1995, specified the "Field Service Concession" to the Defence Civilian Employees serving in the "Field Areas" and "Modified Field Areas". It was provided that the Defence Civilian Employees serving in "Modified Field Areas" will continue to be extended "Field Service Concession" specified in appendix "B" to the Government letter dated 02.03.1968. The direction embodied in Government letter dated 13.01.1994 were to come into force with effect from 08.04.1993. The appendix "B" to the Government letter dated 02.03.1968 did not include free ration as a Field Service Concession. The net effect of re-classification of Field Areas and the consequent specification of the benefits of the "Field Service Concession" made available to the "Defence Civilian Employees" serving in Field Areas and Modified Field Areas, is that whereas the "Defence Civilian Employees" serving in Field Areas continue to get free ration, the concession is no more available to "Defence Civilian Employees" serving in Modified Field Areas. The Government gave a re-look to the Field Service Concession in the year 2000 and while consolidating the concession available to the "Defence Civilian Employees" working in Field Areas and the Modified Field Areas, specified the FSC to be available to the "Defence Service Employees" serving in the said areas.

(2.) The Petitioner and his other colleagues, whom the Petitioner intends to get benefited by the final outcome of present petition and who were before the Central Administrative Tribunal, are admittedly serving as "Defence Civilian Employees" at Drugmulla falling within Garrison Engineer 874 EWS, classified vide letter dated 13.01.1994 as "Modified Field Area". The Petitioner and his colleagues, in wake of classification of area where they are serving, as Modified Field Area, have been denied free ration that was received by the Petitioner and his colleagues prior to MOD letter dated 13.01.1994. The Petitioner and others aggrieved of the re-classification of Field Area and denial of free ration filed two service writ petitions before this Court, later transferred to Central Administrative Tribunal. The Central Administrative Tribunal held the petitions devoid of merit and the Petitioners not to be entitled to concession of "free ration" or ration money and dismissed the petitions vide order dated 01.7.2004. The Petitioner aggrieved of aforesaid order has filed instant writ petition praying for the following relief:

(3.) It needs to be pointed out that the averments in the petition are made unmindful of the stand taken by the Respondents in their reply before the Central Administrative Tribunal that the Petitioner and others in wake of MOD letter dated 13.01.1994 are not entitled to free ration let alone ration allowance and that the Defence Civilian Employees serving in Field Area or Modified Field Area were never entitled to ration allowance in lieu of free ration at any point of time. The Petitioner pleads that the Petitioner and his colleagues are being denied ration allowance and forced to receive free ration from the ration depots set up by the Army; that the Petitioner and others because of threat of militants are not in a position to receive free ration and deserve to be granted ration allowance. The writ petition is thus made on the assumption that the Petitioner and others entitled to ration allowance, are now forced to take free ration and because of averments made, must be given the option to receive "ration allowance" in lieu of free ration. Having said so, the petition now needs to be given a closer look to summarise the grounds pleaded by the Petitioner.