Central Administrative Tribunal - Kolkata
M E S Civilian Non Gazetted Employees ... vs Defence on 28 March, 2025
1 OA 1509/2024
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH
KOLKATA
O.A. 350/1509/2024
Date of hearing: 26.03.2025
Date of order: 28.03.2025
Coram: Hon'ble Justice K. Haripal, Judicial Member
Hon'ble Mr. Suchitto Kumar Das, Administrative Member
In the matter of :
1. M.E.S. Civilian Non-Gazetted Employees Union being
Registration No. 15031, represented by its General Secretary
Nagendar Paswan and MES Employees Union, Barrackpore,
Registration No.12832, a Registered Employees Union
represented by its Vice President Nagendar Paswan, having Its
Registered Office at L-52/2, Sarsuna Housing Complex
(Munchipara), Biren Roy Road (West), P.O. & P.S. Sarsuna,
Kolkata-700061.
2. Nagendar Paswan, MES No.204200, General Secretary of
M.E.S. Civilian Non-Gazetted Employees Union and Vice
President of MES Employees Union, Barrackpore, son of Late
Joykant Paswan, aged about 45 years, working as Refrigerator
Mechanic (Skilled), MES, Garrison Engineer, Alipore, Kolkata,
residing at 37/37, South Gonipur, P.O. Gonipur, P.S.
Maheshtala, District South 24-Pargans, Pin-700141, West
Bengal. (M): 9339584083, Email Id: [email protected]
3. Ramesh Gandhapu, MES No.204446, son of Shri Madhava
Rao, aged about 38 years, working as Mate (Semi-Skilled), MES,
Garrison Engineer, Alipore, Kolkata, residing at D.L. Puram,
P.O. D.L. Puram, P.S. Polaki (MD) (PS), District Srikakulam, Pin-
532430, Andhra Pradesh. (M): 9652728710 and Email
Id: [email protected]
4. Sukanta Maity, MES No.204199, son of Late Sambhu Nath
Maity, aged about 50 years, working as Electrician (Skilled),
MES, Garrison Engineer, Alipore, Kolkata, residing at Joargori,
Uluberia, P.O. Joarguri, P.S. Rajapur, District Howrah, Pin-
711303, West Bengal. (M): 8777528102, Email
Id: [email protected]
Digitally signed by SONALI LAL
SONALI
DN: C=IN, O=Personal, T=0572, OID.2.5.4.65=
1335963617493834803xeKNGD5eN7bXL, Phone=
d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970
cce81465079777, PostalCode=800009, S=Bihar,
SERIALNUMBER=
b85cadb360af4981732c949bc31df6d98e2c92428456adc5
LAL
33ade9e38d5aed96, CN=SONALI LAL
Reason: I am the author of this document
Location:
Date: 2025.04.01 11:11:15+05'30'
Foxit PDF Reader Version: 2024.3.0
2 OA 1509/2024
5. Sudhir Kumar Bahadur, MES No.270146, son of Late Ran
Bahadur, aged about 48 years, working at MES, Garrison
Engineer, Alipore, Kolkata, residing at A 30/6, Srijoni Park,
M.G. Road, P.O. Joka, P.S. Haridevpur, District 24-Parganas
(South), Pin-700104, West Bengal. (M): 8013805307, Email
Id: [email protected]
6. Madan Kumar Routh, MES No.203899, son of Late Sonu Ram
Routh, aged about 59 years, working as Refrigerator Mechanic
High Skilled (II), MES, Garrison Engineer, Alipore, Kolkata,
residing at 13/8/16, Chandi Beria, Keshtopur, P.O. Milanbajar,
P.S. New Town, District 24-Parganas (North), Pin-700102,
West Bengal. (M): 9903157726, Email
Id: [email protected]
......Applicants
Vs.
1. Union of India service through the Secretary, Ministry of
Defence, North Block, New Delhi-110011.
2. The Army Head Quarter, Engineer-in-Chief's Branch,
Kashmir House, Rajaji Marg, New Delhi-110011.
3. The Controller General of Defence Accounts, New Delhi,
West Block-V, RK Puram, New Delhi-110066.
4. The Controller of Defence Accounts, Radhe Krishn Colony,
Ghrounda, Rajendra Path, Patna-800019.
5. The Joint Controller of Defence Accounts Kolkata, EM Block,
Sector-V, Salt Lake, Kolkata-700091.
6. The Chief Engineer, Eastern Command, Military Engineer
Service, Fort William, Kolkata-700021.
7. The Chief Engineer, Kolkata Zone, Ballygunge Maidan Camp,
Kolkata-700019.
8. The Commander Works, Engineer Kolkata, No.1, National
Library Avenue, Alipore, Kolkata-700027.
Digitally signed by SONALI LAL
SONALI
DN: C=IN, O=Personal, T=0572, OID.2.5.4.65=
1335963617493834803xeKNGD5eN7bXL, Phone=
d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970
cce81465079777, PostalCode=800009, S=Bihar,
SERIALNUMBER=
b85cadb360af4981732c949bc31df6d98e2c92428456adc5
LAL
33ade9e38d5aed96, CN=SONALI LAL
Reason: I am the author of this document
Location:
Date: 2025.04.01 11:11:15+05'30'
Foxit PDF Reader Version: 2024.3.0
3 OA 1509/2024
9. The Commander Works Engineer Barrackpore (Sub),
Military Engineer Service, Barrackpore, North 24-Parganas,
Kolkata-700120.
................Respondents
For the Applicant : Mr. B. Chatterjee, Counsel
For the Respondents : Mr. K. N. Bhattacharya, Counsel
ORDER
Suchitto Kumar Das, Administrative Member
1. The applicants have approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, praying for the following relief:
"a) To quash and/or set aside the Speaking Order bearing No. 1817/MES CIVNON-GAZTD EMPLY/41/E1 (Legal) dated 08 December, 2023 Issued by Lt. Col. Offg. CWE (S) Barrackpore.
b) An order setting aside the Office Order bearing No.PM/III/2422/ALP/XII dated 06.12.2022 issued by Accounts Officer (Pay/MES).
c) An order directing the implementation of the office Order dated 06.07.2022 bearing No.90237/4021/EIC (Legal-CH-
551/CAT/2022/D (Works-II) issued by Under Secretary to the Government of India.
d) An order directing the respondent authorities to allow extension of the benefit granted by the Hon'ble Tribunal, Chandigarh Bench passed in O.Α. No.060/01228 of 2019 dated 05.06.2020 and the same was affirmed by the Hon'ble High Court of Punjab and Haryana at Chandigarh in CWP 19228-2021 dated 04.10.2021.
e) An order directing the respondent authorities to grant the Dress Allowance as per 7th CPC w.e.f. 1st July, 2017 and pay the arrear along with interest to all the Members of the applicant No.1.
f) An order directing the respondents to produce/cause production of all relevant records in connection with the instant case.
g) Any other order or further order/orders as to this Hon'ble Tribunal may seem fit and proper."
2. Learned Counsel for the applicants submits that in 6th CPC, the industrial staff was provided 'Dangri' (dress) on yearly basis and washing Digitally signed by SONALI LAL SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970 cce81465079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc5 LAL 33ade9e38d5aed96, CN=SONALI LAL Reason: I am the author of this document Location:
Date: 2025.04.01 11:11:15+05'30' Foxit PDF Reader Version: 2024.3.0 4 OA 1509/2024 allowance @ Rs 24.00 per month which continued till 31st December 2016. As per the recommendations of the 7th CPC, Government of India, Ministry of Finance issued OM dated 02.08.2017 regarding implementation of Dress allowance @ Rs.5000.00 per annum in lieu of all existing allowances related to uniform like clothing/initial equipment/Kit maintenance/shoes etc. Further, clarification was issued vide OM dated 31.08.2017 that the dress allowance is admissible to common categories of 'Group-C and erstwhile Group-D of various Ministries/Department and shall be paid @ Rs. 5000.00 per annum' but the competent authority did not accept the allowance in respect of category 'Industrial Group-C and erstwhile Group - D in MES'. Aggrieved by the denial of dress allowance to them, the applicants filed OA no. 350/344/2023 which was disposed of by the Tribunal vide Order dated 19.10.2023 directing the respondents to consider the representation of the applicants. In compliance of this order, the respondents issued a speaking order which is under challenge in this OA.
3. Learned Counsel for the respondents submits that in compliance of the judgment of this Tribunal in OA no. 350/344/2023, GE Alipore Kolkata took up the case with the HQ office. Thereafter, E-in-C's Branch vide its letter dated 30th June, 2023 has confirmed that the case for grant of Dress Allowance to industrial employees of MES has been processed for the approval of MoD/D (Works-II) on10th March, 2023. Further, the case file has been referred by MoD/D (Works-II) to MoD/D (Civil-II) on 15th June, 2023. The outcome of the case for grant of Dress Allowance will be intimated to all, once the file is cleared by the Ministry of Defence.
Learned Counsel for the respondents submits that the implications of the aforementioned decision are vast and numerous as Military Engineer Digitally signed by SONALI LAL SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970 cce81465079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc5 LAL 33ade9e38d5aed96, CN=SONALI LAL Reason: I am the author of this document Location:
Date: 2025.04.01 11:11:15+05'30' Foxit PDF Reader Version: 2024.3.0 5 OA 1509/2024 Services is spread all over the country in which thousands of Industrial staff are employed. Therefore, this decision affects lots of industrial staff who are claiming grant of Dress Allowance. It is a time taking process because of the involvement of large number of industrial staff and is a heavy financial burden on the department.
Learned Counsel for the respondents submits that the bill for grant of Dress Allowance to the Industrial Employees of Military Engineer Services were prepared and forwarded to the audit authority for passing the same. However, the Bill has been declined by the audit authority stating that the Industrial Employees of Military Engineer Services are not entitled to the Dress Allowance and the decision for granting the Dress Allowance to Industrial Employees of Military Engineer Services is yet to be decided. Learned Counsel for the respondents fairly submits that some Industrial Personnel, who are working in other offices of MES, are presently getting Dress Allowance by virtue of arbitral award only.
4. The applicants have filed their rejoinder in which they have annexed a copy of the compliance note filed by the Department in which the Department has confirmed payment of dress allowance to similarly situated employees at their Kalaikunda station in compliance of this Tribunal's order in OA no.
480/2023.
5. Heard the parties. Perused material on record.
5.1 From the material on record, it is seen that the issue in this OA has already been adjudicated several times in different Benches of the Tribunal.
The issue therefore is not res-integra anymore. This Bench had the occasion to dispose of OA no. 480/2023 on 18.04.2023 dealing with the identical issue of Digitally signed by SONALI LAL SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970 cce81465079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc5 LAL 33ade9e38d5aed96, CN=SONALI LAL Reason: I am the author of this document Location:
Date: 2025.04.01 11:11:15+05'30' Foxit PDF Reader Version: 2024.3.0 6 OA 1509/2024 payment of dress allowance to the Group-C and Group-D employees of Military Engineering Service with the following direction to the respondents :-
"......................
6.In view of the submission by ld. counsel for the applicants, respondents are directed to consider the representation of the applicants in the light of the Department of Expenditure OM dated 02.08.2017 and DOPT OM dated 31.08.2017 and also the ratio of the decisions of the Chandigarh Bench of CAT in O.A 1228/2019, Jabalpur Bench of CAT in OA/522/2020, Lucknow Bench of CAT in O.A 614/2019, Guwahati Bench of CAT in O.A 434/2019, within a period of 60 days from the date of receipt of certified copy of this order and, if found eligible, to make necessary payments to the applicants within a period of 30 days thereafter with arrears.
...................."
Since the respondents failed to comply with the directions in OA no.
480/2023, a Contempt Application no. CP 10/2024 was filed by the applicants. The respondents in their compliance note have stated as follows :-
"....................
3. It is most respectfully submitted that the grant of dress allowance to Industrial employees of MES is a policy matter and policy decision regarding grant of dress allowance to industrial employees of MES has to taken by administrative authority i.e. Military Engineer Services, Engineer-in-chief Branch, New Delhi in consultation with Ministry of Defence.
4. It is most respectfully submitted that the answering Respondents/ Contemnor always intents to comply with the order of the Ld. Tribunal, sanction of President of India to implement the Hon'ble CAT Kolkata order dated 18/04/2023 took time, the implementation of order dated April 18, 2023 was delayed.
5. It is most respectfully submitted that Ministry of Defence vide their letter bearing No. 90237/4222/E1C(Legal-C) /CAT /2024/MOD/D(Wks-II) dated 27/12/2024 conveyed the sanction of President of India to implement the Hon'ble CAT Kolkata order dated 18/04/2023, subsequently contemnor No. 4 promptly raised bills for arrears of dress allowance on 06/01/2025 and forwarded the same to Contemnor 1 for audit and pre-sanction of the bills. On receipt of the same, Contemnor 1 took expeditious action and provided sanction after audit on 08/01/2025 itself and passed the bills on 09/01/2025 and in this respect, Rs. 33,88,750/- has been paid directly in the respective bank accounts of 83 serving employees and Rs. 11,92,500/- paid into Public Fund account of GE(AF) Kalaikunda for 52 retired employees as their bank details are not available with AO(GE) Kalaikunda. Thus, the answering Respondents/ Contemnor 1 have complied with the Order of the Ld. Tribunal.
.................."Digitally signed by SONALI LAL
SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970 cce81465079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc5 LAL 33ade9e38d5aed96, CN=SONALI LAL Reason: I am the author of this document Location:
Date: 2025.04.01 11:11:15+05'30' Foxit PDF Reader Version: 2024.3.0 7 OA 1509/2024 In their reply, the respondents have stated that (i) There is a huge financial implication involved in making payments of Dress Allowance to all Group-C and Group-D employees of MES offices located all over the country.
(ii) Respondents are awaiting a decision on the subject from the Ministry of Defence.
5.2 Submissions made by the respondents in their reply are not sustainable for the following reasons :-
(i) DoP&T and DOE vide their OMs dated 02.08.2017 and 31.08.2017 respectively have provided for payment of dress allowance to Group-C and Group -D employees of MES.
(ii) The issue of payment of dress allowance to Group -C and Group -D employees of MES has been settled by the various Coordinate Benches of the Tribunal as mentioned in our order in OA no. 480/2023 more particularly by the Coordinate Bench at Chandigarh which held that these employees were entitled to Dress Allowance. This order on challenge was upheld by the Hon'ble Chandigarh High Court in CWP 19228-2021.
(iii) A number of Group-C and Group-D employees of MES have already been paid the allowance by the respondents.
Hon'ble Supreme Court in C. Lalitha vs. State of Karnataka in Civil Appeal No. 919 of 2002 has observed that :-
".................
Service jurisprudence evolved by this Court from time to time postulates that all persons similarly situated should be treated similarly. Only because one person has approached the court that would not mean that persons similarly situated should be treated differently......................."
5.3 Prima facie, the applicants appear to be similarly situated as the applicant in OA no. 480/2023 and O.Α. No.060/01228 of 2019 of Chandigarh Digitally signed by SONALI LAL SONALI DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970 cce81465079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc5 LAL 33ade9e38d5aed96, CN=SONALI LAL Reason: I am the author of this document Location:
Date: 2025.04.01 11:11:15+05'30' Foxit PDF Reader Version: 2024.3.0 8 OA 1509/2024 Bench of CAT who have already been paid the allowance. Keeping in view, the law laid down in C. Lalitha (supra), the respondents are directed to consider the claim of the applicants in the light of the Department of Expenditure OM dated 02.08.2017 and DOPT OM dated 31.08.2017 and also the ratio of the decisions of the Chandigarh Bench of CAT in O.A 1228/2019, and of Hon'ble High Court of Punjab and Haryana at Chandigarh in CWP no. 19228-2021, within a period of 60 days from the date of receipt of certified copy of this order and, if found eligible, to make necessary payments to the applicants within a period of 30 days thereafter with arrears.
6. OA stands disposed of. No order as to costs.
Suchitto Kumar Das Justice K. Haripal
Administrative Member Judicial Member
sl
Digitally signed by SONALI LAL
SONALI
DN: C=IN, O=Personal, T=0572, OID.2.5.4.65= 1335963617493834803xeKNGD5eN7bXL, Phone= d55227c56413c0574ef7e92b84fad3fa8644c2a67fb01f9970 cce81465079777, PostalCode=800009, S=Bihar, SERIALNUMBER= b85cadb360af4981732c949bc31df6d98e2c92428456adc5 LAL 33ade9e38d5aed96, CN=SONALI LAL Reason: I am the author of this document Location:
Date: 2025.04.01 11:11:15+05'30' Foxit PDF Reader Version: 2024.3.0