UNION OF INDIA Vs. M. MAHESHWAR

JUDGEMENT

(1.) Heard Sri N. Rajeshwar Rao, learned Assistant Solicitor General, appearing for the petitioners in W.P.Nos.20304 and 22607 of 2005, Smt K. Mani Deepika, learned counsel appearing for the petitioner in W.P.No.8604 of 2005 and Sri CH. Ravinder, learned counsel appearing for the respondents in W.P.No.20304 & 8604 of 2005.

(2.) These three writ petitions are filed by the Union of India challenging the orders passed by the Central Administrative Tribunal in O.A.No.328 of 2003 dtd. 29/4/2004, O.A.No.778 of 2002 dtd. 22/7/2005 and O.A.No.782 of 2002 dtd. 22/7/2005, directing the respondents/ petitioners herein, not to affect recovery of the excess amount paid on account of wrong calculation of the allowances paid to the Extra Departmental (ED) Agents. As the issue in all the writ petitions is same, by this common order, they are considered and disposed of.

(3.) According to petitioners, Time Related Continuity Allowance (TRCA) to various categories of ED Agents were fixed on the basis of workload calculated on foot beat irrespective of the fact that the area is cycleable or non cycleable. On review of allowances and as recommended by the fourth Extra Departmental Committee, appointed for this purpose, payment of enhanced cycle allowance at Rs.20.00 per month was granted with effect from 1/11/1986. This enhancement was granted with an objective to speed up the conveyance work by using cycles. According to the assessment of petitioners, the time to cover 1 KM on foot beat is 12 minutes whereas on cycle it would be 6 minutes. Therefore, the workload calculated on cycle beat is 50% of the workload of foot beat. In view thereof, the allowances of ED Agents was reduced by 50% at the time of introducing the concept of calculating the work load on cycle beat despite payment of enhanced rate of cycle allowance. However, in order to ensure that there is no drop in emoluments and to protect the allowance fixed on foot beat, the cut off date of 1/11/1987 was prescribed. A decision was taken to determine the allowance to the ED Agents appointed on or after 1/11/1987, wherever cycleable track was available, at the rate of Rs.20.00 per month on the cycle beat. As respondents were appointed prior to 1/11/1987, their allowances fixed on foot beat basis was protected and they were allowed to draw allowances fixed on foot beat basis.