Gauhati High Court
Union Of India vs Mohan Das on 4 March, 2025
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GAHC010260932023
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/7550/2023
1. Union of India,
Represented by the Secretary, to the Government of India,
Ministry of Home Affairs,
Department of Intelligence Bureau,
35 Sardar Patel Marg, Chanakyapuri,
New Delhi- 110021.
2.The Secretary, Ministry of Finance,
Department of Expenditure, North Block, Lok Nayak
Bhawan, New Delhi- 110001.
3.The Director, Intelligence Bureau,
Ministry of Home Affairs,
35 Sardar Patel Marg, Chanakyapuri,
New Delhi-110021.
4.Joint Deputy Director, Subsidiary Intelligence Bureau,
Ministry of Home Affairs,
Government of India,
Tuikul 'A' near State Agriculture Office,
Aizawl, Mizoram, PIN - 796001.
5.Joint Director (E),Intelligence Bureau,
Ministry of Home Affairs, Government of India,
35 Sardar Patel Marg, Chanakyapuri,
New Delhi -110021.
6.The Additional Director, Subsidiary Intelligence Bureau,
Ministry of Home Affairs,
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Government of India,
Pragjyotish Bhawan, Sachal, VIP Road,
P.O. Hengrabari, Dist. Kamrup, Guwahati - 781036.
...PETITIONERS
VERSUS
1. Mohan Das, ACIO-1/EXE,
S/o (L) Manchit Das,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl, 796001, Mizoram.
2. Shri Ramjee Bhagat, Assistant Halwai-cum-Cook,
Son of Doman Bhagat,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl, 796001, Mizoram.
3.Ms. Serto Teresa Kom, JSA,
Daughter of Serto Vonneichung Kom,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl, 796001, Mizoram.
4. Shri Pradeep Kr. Moirangthem, JIO-II/MT,
Son of Nitai Moirangthem,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl- 796001, Mizoram.
5. Shri Nantu Kumar Paul, Asstt. Halwai-cum-Cook,
S/o Gopi Mohan Paul,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl- 796001, Mizoram.
6.Lalzamlova Hniarcheng, SA/MT,
Son of H.R. Hrangkima,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl, 796001, Mizoram.
7. Shri Rohitash Yadav,ACIO-II/G,
Son of Prabhu Dayal Yadav,
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Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
8. Shri Anuj Kumar Singh, JIO-I/G,
Son of Madan Singh,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
9. Shri Amar Thapa, JIO-II/MT,
Son of Gore Thapa,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl- 796001, Mizoram.
10.Ms. Roselyn Hangshing, JIO-II/G,
D/o- Chinzatun Hangshing,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
11. Shri Sanjay Kumar, ASO,
S/o (L) Fateh Singh,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
12. Shri Surendra Kumar Patel, ASO,
S/o (L) Majeet Patel
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
13. Shri Tatbir Singh, SSA,
Son of Late Meharwan Singh,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
14. Shri Ram Kumar, JIO-II/MT,
S/o (L) Ram Lal,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
15. Shri Baba Singh, ACIO-II/MT,
Son of Late Kanta Singh,
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Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
16. Shri Subrata Kumar Saha, JIO-I/Tech,
S/o Subodh Ch. Saha,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
17.Woolclester Marwein, SA/MT,
S/o K. Wanniang,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
18. Asit Karati, ACIO-II/Tech,
S/o (L) Chandi Charan Karati,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
19. Sudipta Ghosh, PS,
S/o (L) Subrata Ghosh,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
20. Nirmal Barman, JIO-I/MT
S/o (L) Trinath Barman,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
21.T.N. Santhosh Kumar, JIO-I/Tech,
S/o- Narayannar,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
22. Ramesh Choudhary, ACIO-II/Tech,
S/o Krishna Nand Choudhary,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
23. Saibal Halder, JIO-I/Tech,
S/o (L) Biswanath Halder,
Subsidiary Intelligence Bureau Complex,
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Tuikual 'A', Aizawl-796001, Mizoram.
24. Samiran Kumar Das, SO,
S/o (L) Surendra Kr. Das,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
25. Sagar Roy, ASO,
S/o (L) Sadhan Chandra Roy,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
26. Dhruba Mitra, ASO,
S/o (L) G.R. Mitra,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
27. Shyamal Singha, JIO-II/MT,
S/o (L) Tomboi Singha,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
28. Kumar Gourab Mondal, ACIO-I/Tech,
S/o Santosh Mondal,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
29. Monoj Kumar Chowdhury, JIO-II/Tech,
S/o Bharat Chowdhury,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
30. Lalremlawmi, Compounder,
D/o (L) Rikhuma,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
31. Lallungmuani, JIO-I/Tech,
D/o (L) Lalthianghlima Durtlang Leitan,
796004, Mizoram.
32. KC Vanlalruati, Cook,
D/o (L) C. Laldanga,
Subsidiary Intelligence Bureau Complex,
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Tuikual 'A', Aizawl-796001, Mizoram.
33. G. Vanlalmalsawma, DCIO,
S/o G. Taithuama,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
34. Lalduhawma, ACIO-I/G,
S/o Rothangpuia,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
35. Chingzangai, JIO-II/G,
D/o VaizalianGuite,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
36. J. Vanlalhriatrengi,JIO-II/G,
D/o J. Lalthansanga,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
37. Seema Chhetry, ACIO-II/G,
D/o Prakash Chhetry,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
38. Satthuama, Compounder,
S/o H. Thanmawia,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
39. Kh. Alfred Garry, JIO-II/G,
S/o Kh. Ibomcha Singh,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
40. Ch. Kenedy Singh, JIO-II/MT,
S/o Ch. Ishwarlal Singh,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
41. Y. Dhanaprem Meitei, JIO-II/G,
Son of Y. Dhananjoy Singh,
Subsidiary Intelligence Bureau Complex,
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Tuikual 'A', Aizawl-796001, Mizoram.
42. D.L. Joute, ACIO-II/G,
Son of S. Hmar,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
43. Rahul Kumar, Steno,
Son of Lalan Prasad Singh,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
44. M.C. Lalpanmawia, JIO-I/G,
Son of M.C. Tluangau,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
45. Chawngdingliana, SA/G,
Son of Chawngthansanga,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
46. S.Go Sian Lal, SA/G,
Son of Late S. Tompu,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
47. Emil Kispotta, SO,
Son of M. Mathins Kispotta,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
48.Thangchhuana Guite, JIO-II/G,
Son of Khamliana,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
49. J. Samuel, ACIO-II/G,
Son of Zahlira,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
50. Joga Singh, JIO-II/G,
Son of A. Singh,
Subsidiary Intelligence Bureau Complex,
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Tuikual 'A', Aizawl-796001, Mizoram.
51. Lalrinsanga, JIO-I/G,
Son of (L) H. Sangzuala,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
52. B Lalzawmliana, JIO-I/G,
Son of B. Rallianzuala,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
53. Mamata Sinha, JIO-II/G,
Daughter of Mohendra Sinha,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
54. Sian Muan John, SA/G,
Son of Late Tomno,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
55. Vansangpuii, JIO-II/G,
Daughter of Malsawmzuala,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
56. Lalnunmawii, SA/G
Daughter of T. Malsawma,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
57. J. C. Lalrosanga, JIO-II/G,
Son of S.L. Sailo,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
58. Navdeep Kumar, ACIO-II/G,
S/o Prakash Chand,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
59. Krishna Kumar, JIO-I/G,
Son of Padam Bahadur,
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Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
60. Lalrampari, SA/G,
Daughter of R. Thangdela,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
61. Sandip Dey, Steno,
Son of Ashok Dey,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
62. Subrata Baidya, PS,
Son of Raimohan Baidya,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
63. Jagannath Bhagat, JIO-I/G,
Son of N. Bhagat,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
64. Joseph Sailo, ACIO-II/G,
Son of Late Sanglura Sailo,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
65. Zothansanga, ACIO-II/G,
Son of Vanlalhruaia,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
66. Raj Kapoor, PA,
Son of Mannoo Lal Joshi,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
67. Zohmingliani Chhangte, JIO-II/G,
Daughter of Khawliana,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
68. Bapi Barua,
Son of Tapan Kumar Barua,
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Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
69. Lienthanglur Khawzawl, ACIO-II/G,
Son of John Kapsung Khawzawl,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
70. Arbin Thapa, ACIO-I/G,
Son of J.B. Thapa,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
71. Mili Das, JIO-II/G,
Daughter of Nirmal Das,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
72. Santu Kumar, JIO-II/G,
Son of Late R.K. Thapa,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
73. Lalngaihawmi Ralte, JIO-II/G,
D/o (L) L. Rochhunga,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
74. V. Thangsonmung, JIO-II/G,
S/o (L) Vumzakhup,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
75. Lalnunmawia Sailo, JIO-I/G,
S/o (L) Lalchhingkima,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
76. Diptesh Chakraborty, JIO-II/G,
S/o D. K. Chakraborty,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
77. Laldinthari, ACIO-I/G,
D/o (L) Zothanchhunga,
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Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
78. S A Mazumdar, JIO-II/G,
S/o R. U Mazumdar,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
79. Lalsangliana, DCIO,
S/o (L) Vanlalsiama,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
80. Jerry Lallianzuala, JIO-II/G,
S/o B. Thangpuia,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
81. Zepplin Laltanpuii, JIO-II/G,
D/o Lalengmawia,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
82. H. V. Lalthavela, JIO-I/G,
S/o Challiansela,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
83. R. C Lalramthanga, ACIO-II/G,
S/o (L) Lianthanga,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
84. K Raju Singha, JIO-I/G,
S/o K. Brojachand Singha,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
85. Angshuman Khatua, ACIO-I/Tech,
S/o Shyamal Khatua,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
Page No.# 12/30
86. Pramod P. Uthaman, ACIO-I/Tech,
S/o Purushothaman,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
87. Anirban Biswas, ACIO-I/Tech,
S/o (L) Suhas Biswas,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
88. Ph. Dhirendra Singh, ASO,
S/o (L) Ph. Amuyaima,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
89. Babul Kumar Das, JIO-I/G,
S/o Nityananda Das,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
90. Thang Suan Mung, ACIO-I/G,
S/o H. Nengzalian,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
91. Mangzo Pausuanlal, ASO,
S/o Lianngul Mangzo,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
92. Jai Singh, JIO-II/Tech,
S/o Bootiram,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
93. Parveen, JSA,
S/o Ramkaran,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
94. Prabhat Kumar Ranjan, SSA,
S/o Rajendra Prasad Chowdhary,
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Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
95. Amit, JSA,
S/o Suresh Kumar,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
96. S. S Azad, ASO,
S/o Sheikh Hussain,
No. 443, Block No.31, CPWD Qtrs.
HSR Layout Sector,
Bengaluru 560 102
97. Manish Kumar Sinha, JSA,
S/o (L) Mukhdeo Prasad,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
98. Ajay Kumar, JIO-II/Tech,
S/o Baliram Prasad,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
99. Anuj Kumar, ASO,
S/o Madan Mohan Prasad,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
100. Babul Ghosh, ACIO-II/G
S/o (L) H. K Ghosh,
C/o Dr. D. K Deb, Ashirbad Bhavan Das Colony,
Panchayat Road Silchar, Cachar, Assam-788 005
101. Shibbu Kumar Panday, JIO-II/Tech,
S/o Ranjan Pandey,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
102. Uchhab Behera, Asstt. Halwai-cum-Cook,
S/o (L) Haru Behera,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
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103. Sheet Kumar, ACIO-I/Tech,
S/o Nandan Lal Das,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
104. Alok Kumar Singh, JSA,
S/o (L) Ramjee Singh,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
105. Sunil Kumar Singh, JIO-II/MT,
S/o Ragho Singh,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
106. T.C. Lalduhawmi, JIO-II/G,
D/o Lalthanmawia,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
107. F. Lalchhandami, JIO-II/G,
D/o F. Vanlalchhunga,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
108. Ruma Nath, JIO-II/G,
D/o Moti Lal Nath,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
109. K. Vanlalchhunga, SA/G,
S/o K. Lalhmingmawia,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
110. Paban Kumar Rabha, SO,
S/o (L) Jajna Ram Rabha,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
111. Aheibam Robindro Singh, JIO-II/MT,
S/o Aheibam Ibobi Singh,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
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112. Dhiman Bain, PS,
S/o (L) Dhirendra Nath Bain, ONGC Complex, Jagotipota
West, P.O.-Dhalua, P.S.- Sonarpur, Kolkata-700152
113. A. S Yangkahao, DCIO,
S/o A. S Maringthuk,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
114. Sudhir Kumar, Cook,
S/o (L) Gopinath Kumar,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
115. Ajay Kumar Singh, SSA,
S/o (L) Anand Singh,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
116. Shri Sudhendu Sekhar Dey, ASO,
Son of Late S.R. Dey,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
117. Amit Kumar, SA/G,
S/o Upendra Singh,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
118. Paothensei Haokip, ASO,
S/o Thangtong Haokip,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
119. Somkholal, Asstt. Director,
S/o Chingkhongai, H.No. C-65, Zonuam,
Aizawl 976009.
120. Pawan Pradhan, ACIO-II/G,
S/o (L) H.S Pradhan,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
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121. Sudam Chandra Maji, JIO-I/MT,
S/o (L) Bibhuti Bhushan Maji,
Amidha Road, P.O Purulia Town,
Purulia District, West Bengal
122. Dhrub Charan Subudhi, JIO-I/MT,
S/o Biswanath Subudhi, Qtr. No. D/8,
R.H.S Colony Kendu Padar,
P.O. Phulbani, Dist- Kardhamal, 762 001, Odisha
123. Dhritipriya Sen, ACIO-II/Tech,
S/o KuranaKanta Sen,
Swahid Dilip Huzuri Path, By Lane No. 1, H.No.05,
Dispur, Guwahati- 781036, Assam
124. P. P Ramesan, ACIO-II/Tech,
S/o P. P Kumaran, Qtr. No. 111/2 CPWD Qtrs.,
K. K. Nagar, Chennai, 600078
125. Sukbir Subba, JIO-I/MT,
S/o Bhim Bhahadur,
SIB Complex, Kalimpong, West Bengal- 734 301
126. Ginlalmuan, SA/G,
S/o Vungpiang,
Qtr. No. 65, Type-III, CAD Colony, Mohangarh,
Jaisalmar Dist.- 345 033 Rajasthan
127. Jayanta Paul, ASO,
S/o Jamin Mohan Paul,
C/o G.P Sharma,
House No. 14, Dharmapur Path,
Beltola, Guwahati-781 028, Assam
128. Rajesh Kumar Dhir, ACIO-II/Tech,
S/o Kaliram Dhir, E-1479, Netaji Nagar,
New Delhi- 110023
129. Vikash Kumar, JIO-I/Tech,
S/o Om Prakash Singh,
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Lakhachak, Raipur Kajal Bigha,
Nalanda Dist. - 803 120, Bihar
130. Paulianthanga Vaiphei, JIO-I/G,
S/o Lalkhogen,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
131. Bapan Das, SA/G,
S/o Ranjit Das,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
132. Alok Kumar Deb, ACIO-II/G,
S/o Ajit Kumar Deb,
Bipasha Apartment Mandapara,
Manikpur 2 No. Airport Road,
Italgacha 24 PG Nort, 700 052 West Bengal
133. Debadip Roy, ACIO-II/G,
S/o (L) Jogendra Lal Roy,
BKS Marg, Block 32, Qtr No. 1115,
New Delhi-110001
134. Ashok Dhar, ACIO-II/G,
S/o (L) Amarendra Kumar Dhar,
F-142, Moti Bagh-1, New Delhi 110 021
135. Diana Dhangmei, JIO-II/G,
D/o G. Dhangmei,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
136. Lianlalthuam Pamngai, ACIO-I/G,
S/o Pauzadong,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
137. Niangthianmawi, JIO-II/G,
D/o Vungkhanthang,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
Page No.# 18/30
138. Vijay Kumar, JIO-II/Tech,
S/o Kailash Choudhary,
Kath Kapul, Patna City, 800 008 Bihar
139. Sani Ram Basumatary, JIO-I/MT,
S/o Bina Ram Basumatary,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
140. Rupali Deury, JIO-II/G,
D/o Chandrakanta Deury,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
141. Kajal Chakraborty, Canteen Attendant,
S/o S. Chakraborty,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
142. Meikam Keshor Singh, JIO-I/MT,
S/o Meikam Ibochou Singh,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
143. N. Ashuli Dominic, JSA,
S/o M. Neli,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
144. M. Pauchinlian Zou, JIO-II/MT,
S/o Ginkhothang,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
145. Ashwani Kumar Mani, SO,
S/o P. P Mani,
Subsidiary Intelligence Bureau Complex,
Tuikual 'A', Aizawl-796001, Mizoram.
....RESPONDENTS
Page No.# 19/30
-BEFORE-
HON'BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI
HON'BLE MR. JUSTICE N. UNNI KRISHNAN NAIR
For the petitioners : Mr. H. Gupta, Central Govt. Counsel
For the respondents : Mr. S. Nath, Advocate
Date of hearing : 25.02.2025
Date of Judgment : 04.03.2025
JUDGMENT & ORDER (CAV)
(Vijay Bishnoi, C.J.)
1. This writ petition is preferred by the petitioners being aggrieved with the
order dated 02.05.2023 passed by the Central Administrative Tribunal
(hereinafter to be referred as 'CAT'), Guwahati Bench, in O.A. No.231/2019,
whereby the CAT has disposed of the said original application filed by the
respondents herein.
2. The CAT in the impugned order has directed the respondents (petitioners
herein) to extend the benefit, which was extended to the applicants in O.A.
Nos.381/2000 and 267/2017, to the applicants (respondents herein) and grant
consequential benefits within four months of receipt of certified copy of this
order after verifying their period of posting in Aizawl.
3. The issue involved in this writ petition pertains to grant of House Rent
Page No.# 20/30
Allowance (HRA) to the Central Government employees working in the office of
the Subsidiary Intelligence Bureau at Aizawl, Mizoram. The respondents herein
being the employees of the Subsidiary Intelligence Bureau at Aizawl, filed O.A.
No.231/2019 before the CAT raising a grievance that they were getting HRA at
the rate applicable to the cities classified as 'C' class cities whereas they were
entitled to HRA applicable to the 'B' class cities. The petitioners placed reliance
on the earlier orders passed by the Hon'ble Supreme Court, Gauhati High Court
as well as the CAT and made a prayer that they may be granted the benefit of
HRA applicable to 'B' class cities.
It appears that prior to filing of O.A. No.231/2019, the respondents herein
preferred O.A. No.395/2018 before the CAT challenging the Memorandum dated
17.09.2018 and the said original application was disposed of vide order dated
27.11.2018 directing the respondents (petitioners herein) to dispose of the last
pending representations filed on behalf of the applicants (respondents herein)
with the further direction that whatever the decision would be arrived at by the
respondent authorities, the same should be reasoned and speaking and would
be communicated to the applicants.
Pursuant to the order dated 27.11.2018 passed by the CAT in O.A.
No.395/2018, the petitioner department passed the order dated 11.04.2019,
which was annexed as Annexure- A-2 to the O.A No.231/2019. Being aggrieved
with the said order, the respondents filed the O.A. No.231/2019 challenging the
validity of the said order as well as the Memorandum dated 17.09.2018, which
was annexed as Annexure- A-1 to O.A. No.231/2019.
The CAT, after considering the rival submissions made on behalf of the
parties, disposed of the O.A. No.231/2019 vide the impugned order dated
02.05.2023. The relevant paragraphs of the order dated 02.05.2023 are
Page No.# 21/30
reproduced hereunder:
"15. We have heard Sri M. Chanda, learned counsel for the applicants and Sri
R. Hazarika, learned Addl. CGSC for the respondents and perused the records.
16. It is noted that as per the applicants, different departments of the Central
Government had paid the HRA @ 'B' class city rates by extending the benefit of
the Judgment and Order dated 12.04.2002 passed in O.A. No. 381/2000
(Annexure-17) as well as Order dated 19.09.2017 passed in O.A. No.
044/267/2017 (Annexure A/7), which was further affirmed by the Hon'ble
Gauhati High Court.
17. It is further noted that in para (ii) of the impugned Speaking Order dated
11.04.2019 (Annexure A/2), the respondents have admitted that 697 Central
Government employees, working in various departments had approached this
Tribunal in O.A. No. 381/2000, wherein different departments were impleaded
as respondents and the benefits of 'B' class city rates were extended to those
applicants only and since the present applicants were not part of the said O.A.,
therefore, said benefit is not applicable to them.
18. It is the cardinal principle of law that classification of any city should be
one and same for all Central Government employees. It cannot be one class of
city for one set of employees and another class of city for another set of
employees.
19. It is further noted that as per concurrence of the Ministry of Finance,
different department had granted the benefit of Group 'B' city's rate even after
implementation of 5th CPC, therefore, Aizawl at Mizoram cannot be termed as
Group 'B' city for those employees of different departments, who had
approached this Tribunal in O.A. No. 381 of 2000 and O.A. No. 267 of 2017 and
the same city would not be classified as 'C' class city with regard to other sets
of employees.
20. Further as per the respondents, Clause 3 of the Office Memorandum
issued by the MoF is not applicable with respect to Aizawl. However, same
issue was considered by the Hon'ble Gauhati High Court in their Judgment and
Order dated 23.12.2009 passed in WP(C) No. 1035/2007 (Annexure-A/14) with
regard to the employees of the same respondents of Kohima (which city was
also classified as 'C' class city like Aizawl, Mizoram) wherein it has been
observed in paras 8, 9, 10 as follows:-
"8. The Apex Court in Civil Appeal No. 2705/1991 (Union of India &
Ors.Vs. Shri S.K. Ghosh & Ors.) vide order dated 18.02.1993 while
considering the claim of Group-C and D employees of Postal &
Telecommunication Department posted in the State of Nagaland claiming
HRA at the rate as admissible to the employees posted in 'B' class cities,
referring to the Presidential order dated 08.01.1962, had held that those
Page No.# 22/30
employees are entitled to HRA at the rate which had been prescribed by
the 4th Pay Commission recommendations for 'B' class cities w.e.f.
01.10.1986. It is not the case of the writ petitioners herein that the said
Presidential order dated 08.01.1962 granting HRA, to the P&T staff
posted in the State of Nagaland, at the rate applicable in 'B' class cities
has been withdrawn. The similarly placed employees having been
allowed the HRA at the said rate, the same cannot be denied to the
respondents herein, they being posted in the State of Nagaland.
9. It also appears that some of the present respondents earlier
approached the learned Tribunal in O.A. No. 279/1997 claiming that they
are entitled to HRA at the rate applicable to 'B' class cities w.e.f.
01.03.1991, which was disposed of by the learned Tribunal vide order
dated 31.05.2001 allowing the said prayer in terms of 35 O.A. No.
231/2019 the earlier order of the learned Tribunal dated 22.08.1995
passed in OA No. 37/1995 and batch. By the order dated 22.08.1995
passed in OA No. 37/1995 and batch, the learned Tribunal has held that
the applicants therein are entitled to HRA at the rate applicable to the
Central Government employees in 'B' class cities w.e.f. 01.03.1991
onwards and they shall be paid accordingly. The said orders of the
learned Tribunal have not been challenged by the present petitioners,
who were the respondents therein, in the higher forum.
10. Since the present respondents, who are posted in Kohima and
Dimapur in the State of Nagaland, are entitled to the HRA at the rate
applicable to the employees in 'B' class cities, they are to be paid HRA in
the same rate, in view of Clause-3 of the office Memorandum dated
03.10.1997, until further orders are passed by the Central Government in
that regard. For better appreciation Clause-3 of the Office Memorandum
dated 03.10.1997 is reproduced below:-
"3. The cities/towns which have been placed in a lower
classification in the above mentioned lists, as compared to their
existing classification shall continue to retain the existing
classification until further orders and the Central Government
employees working therein will be entitled to draw the rates of CCA
and HRA accordingly."
21. Against the said Order, the respondents therein/present respondents,
had preferred an SLP before the Hon'ble Apex court vide CC 13260/2010
(Annexure-A/15), where the Hon'ble Apex Court vide their Order dated
01.09.2010 had dismissed the said SLP.
22. We failed to understand, if according to the respondents, Aizawl had
been classified as 'C' class city, then why the Ministry of Finance had accorded
sanction to extend the benefit of HRA @ 'B' class city to the petitioners of
aforementioned Original Application vide O.M. dated 01.03.2016 (Annexure-
Page No.# 23/30
A/9) to the employees of Postal department as well as other different
departments/Ministries, who are/were posted at Aizawl/Mizoram.
23. Therefore, in our considered opinion, Government cannot discriminate the
employees working in same city by treating the same city in two categories for
two sets of employees. However, since the applicants have not mentioned their
period of working at Aizawl, therefore, we quash and set aside the
Memorandum dated 17.09.2018 (Annexure-A/1), impugned Speaking Order
dated 11.04.2019 (Annexure-A2) and direct the respondents to extend the
benefits of the Order of this Tribunal dated 12.04.2002 passed in O.A. No. 381
of 2000 (Annexure-A/17) as well as Order dated 19.09.2017 passed in O.A. No.
044/00267/2017 (Annexure-A/7) and grant the consequential benefits, within
a period of four months from the date of receipt of copy of this order, after
verifying their period of posting in Aizawl, Mizoram.
24. O.A. stands disposed of with the above observations and directions with
no order as to costs."
4. The petitioners have assailed the validity of the impugned order passed by
the CAT on the ground that for the purpose of extending the benefit of HRA to
the Central Government employees, the Government of India has classified all
the cities/towns and places by issuing various notifications/orders from time to
time. It is contended that the Government of India vide order dated 14.05.1993
classified Aizawl as a 'C' Class city and even in the report of Fifth Central Pay
Commission the city of Aizawl was classified as a 'C' Class city.
It is further contended that in the reports of the Sixth Central Pay
Commission, the cities falling under the category of Class 'C' were put under a
new category, i.e. 'Z' category, which continued under the said classification
during Seventh Central Pay Commission and the Aizawl city was categorised as
'Z' Class city.
Learned counsel for the petitioners has, therefore, submitted that when
the classification of Aizawl city has never been upgraded from Class 'C' to 'B',
the prayer made by the respondents to pay them HRA applicable to the Central
Page No.# 24/30
Government employees posted at 'B' class cities is unjustified and has rightly
been denied by the petitioners by passing the orders dated 17.09.2018 and
11.04.2019, respectively.
Learned counsel for the petitioners has submitted that so far as the
employees, who filed O.A. No.381/2000 before the CAT, are concerned, the
benefit of HRA applicable to 'B' Class cities was granted to them as per the
orders passed by the CAT, Gauhati High Court as well as by Hon'ble the
Supreme Court.
Learned counsel for the petitioners has pointed out that the Hon'ble
Supreme Court while considering the order dated 12.04.2002 passed by the CAT
in O.A. No.381/2000 made an important observation that if the Government of
India issued fresh instructions after 13.11.1987, then the cases of respondents
should be considered in accordance with the latest instructions.
It is contended that after 13.11.1987, vide Office Memorandum dated
14.05.1993, Aizawl city was classified as 'C' Class city w.e.f. 01.03.1991 and
therefore, as per the order passed by the Hon'ble Supreme Court, the applicants
are entitled to the HRA applicable to the category of 'C' class cities only. It is,
therefore, contended that the learned CAT has wrongly issued a direction to
extend the same benefit to the respondents herein, which had been extended to
the applicants in O.A. No.381/2000.
Learned counsel for the petitioners has, therefore, prayed that the
impugned order passed by the CAT is not sustainable and the same is liable to
be set aside. It is further prayed that the writ petition may be allowed.
5. Per contra, learned counsel for the respondents has supported the
Page No.# 25/30
impugned order passed by the CAT and has argued that when the employees of
the other departments of the Central Government, posted at Aizawl, are being
granted the benefit of HRA applicable to the 'B' Class city, there is no
justification in the action of the petitioners of depriving the same HRA to the
respondents herein and the CAT, after taking into consideration the facts and
circumstances of the case, has rightly passed the impugned order and,
therefore, no case for interference is made out.
6. Heard learned counsel appearing for the parties.
7. There may be some merit in the submissions made on behalf of the
petitioners to the effect that after 13.11.1987, the Office Memorandum dated
14.05.1993 was issued whereby the Aizawl City was classified as a 'C' Class city.
Therefore, as per the order dated 10.07.2013 passed by the Hon'ble Supreme
Court in relation to the applicants in O.A. No.381/2000, the cases of the
respondents herein are liable to be considered in terms of the Office
Memorandum dated 14.05.1993 and as per the said Office Memorandum, the
respondents are entitled to get the benefit of HRA as applicable to the 'C' class
cities and not 'B' class cities. However, the CAT has taken into consideration the
order dated 01.03.2016 issued by the Ministry of Communication & IT,
Department of Posts, whereby the Ministry of Finance accorded sanction to
extend the benefit of HRA applicable to 'B' Class city to the applicants in O.A.
No.381/2000, who were the employees of the Postal Department posted at
Aizawl.
The order dated 01.03.2016 is reproduced hereunder:
"F. NO.4-23/2000-PAP
GOVERNMENT OF INDIA
MINISTRY OF COMMUNICATION & IT
Page No.# 26/30
DEPARTMENT OF POSTS
(ESTABLISHMENT DIVISION)/P.A.P. SECTION
DAK BHAWAN, SANSAD MARG, NEW DELHI- 110 001
To DATED, THE 01st March, 2016
The Chief Post Master General,
N.E. Postal Circle, Shillong-793001
ORDER
Subject: Grant of HRA at a higher rate ('B' category) to the Central Government Servants posted at Aizawl (Mizoram)-Court Case regarding.
Central Government Employees Federation of Mizoram, General Head Quarters, Aizawl, Mizoram made a representation to the Hon'ble Prime Minister of India claiming House Rent Allowance at 'B' Class City rates and Compensation in lieu of Rent Free Accommodation at the rate of 10% to the Central Government Employees posted in Mizoram State based on the judgment passed by Supreme Court of India in Civil Appeal No.2715/91- Union of India & Ors. V/s Shri S.K. Ghosh & others and Department of Posts Order No.8-40/87-PAP dated 7.3.1994 & No.4- 52/98-PAP dated 27.02.1999. On rejection of their claim, the Central Government Employees posted in the State of Mizoram approached the Central Administrative Tribunal, Guwahati under O.A. No.381/2000. The Hon'ble CAT, in para-5 of its order dated 12.04.2002 pronounced as under:-
"In view of the position enumerated above, I am of the view that the applicants are entitled to House Rent Allowance at the rate prescribed for B class cities to the Central Government employees which should be payable to the applicants at the rate of 15% from 1.1.1986 to 30.9.1986 and from 1.10.86 to 30.9.86 and from 1.10.1986 at flat rate prescribed under O.M. dated 7.8.1987 read with another O.M. dated 13.11.1987 and the Notification GSR No.623 (E) amending the Fundamental Rule 45 A with effect from 1.7.1987.
As regards the claim for compensation in lieu of Rent Free Accommodation the respondents are to act in conformity with the Office memorandum No.12-11/60-ACC-I dated 2.8.1960, O.M. Page No.# 27/30 dated 23.2.1986 and 22.5.1987 and also to O.M. dated 13.11.1987. The respondents shall examine the each case on merits and thereafter shall pass necessary order in individual cases. Rent free unfurnished accommodation is admissible to Central Government employees having all India transfer liability only those who are posted in Mizoram or HRA at the rate prescribed from time to time. Compensation and admissible HRA shall be granted to those persons who are entitled to rent free accommodation and could not be provided accommodation and the above benefit shall be granted only to the Central Government employees having all India Transfer liability and posted in Mizoram vide letter No.11015/1/E/(B)/76 dated 31.7.1977. The respondents shall examine the individual cases and thereafter pass necessary orders in those cases, others will not be eligible for the same. The application is allowed in part, No costs."
2. The Department filed WP No.2955/2003 in the Hon'ble High Court of Guwahati against the orders of the CAT dated 12-04-2002. The Hon'ble High Court in its judgment dated 25.4.2003, "disposed of the appeal with the observations that the directions given by the Learned Tribunal in the last part of the Judgment quoted above shall be complied with by the Central Government after taking due consideration of the observations recorded within a period of 6 months. The High Court observed that the case of each and every Central Government employee posted in the State of Mizoram will have to be taken separately and appropriate orders shall be passed thereon after such consideration in terms of OM dated 23-09-86, 19-03-87 and 13-11-87. The Hon'ble High Court, however, observed that the employees posted in Aizawl Headquarters of the State of Mizoram being a 'C' Class city may not be entitled to HRA as prescribed for 'B' Class cities."
3. Aggrieved by the order of the Hon'ble High Court of Guwahati, the Central Government Employees filed a Civil Appeal No.646/2005 in the Supreme Court of India. The Supreme Court stayed the operation of the Judgment order dated 25-04-2003 of the High Court of Guwahati in WP No.2955/2003. The Hon'ble Supreme Court of India has dismissed the civil appeal and passed the orders dated 17.07.2013 as under:-
"We have thoughtfully considered the submissions of the Page No.# 28/30 learned counsel. In our view, the direction given by the Tribunal, which has been confirmed by the High Court, merely ordains consideration of the cases of each employee for grant of City Compensatory Allowance in accordance with O.M. dated 02.08.1960, O.M. dated 23.02.1986 and 22.5.1987 as also O.M. dated 13.11.1987 and nothing more. Therefore, the impugned order as also the one passed by the Tribunal do not call for interference by this Court under Article 136 of the Constitution.
With the above observation, the appeal is dismissed. However, it is made clear that if the Government of India has issued fresh instructions after 13.11.1987 then the cases of the respondents shall be considered in accordance with the latest instructions."
4. Consequent upon obtaining the concurrence of Integrated Finance Wing of this Department, the matter was referred to Ministry of Finance, Department of Expenditure for decision.
5. Ministry of Finance, Department of Expenditure has considered the matter and accorded their approval in view of the decision taken by the Department of Posts to not to file any Review Petition in the matter and as the Ministry of Law & Justice has advised Department of Posts to take administrative decision for implementation of the said order of Hon'ble Tribunal, implementation of the Order dated 12.04.2002 passed by the Hon'ble CAT, Guwahati Bench in O.A. No.381/2000 for grant of House Rent Allowance at 'B'/'Y' class cities rates, as admissible from time to time, is agreed to.
6. Since, the Department of Posts had represented the Union of India on behalf of all the respondents Ministries/Departments/Offices, the approval accorded by the Department of Expenditure, Ministry of Finance is therefore conveyed to all the Respondent Ministries/Departments/Offices for issuing appropriate instructions for compliance of orders dated 12.04.2002 of Hon'ble CAT, Guwahati Bench in respect of the employees working under their administrative control who were/are Applicants in the said OA No.381/2000.
7. This has the approval of the Competent Authority."
Page No.# 29/30 It is important to note that the order dated 01.03.2016 was passed after passing of the judgment dated 10.07.2013 by the Hon'ble Supreme Court in Civil Appeal No.646/2005.
8. In such circumstances, we are of the view that the CAT has rightly observed that when the applicants of O.A. No.381/2000 and the employees of the Postal department of the Central Government and several other employees of the other departments of the Central Government posted at Aizawl are being paid HRA applicable to 'B' Class cities, there is no reason for not extending the same benefit to the respondents herein, who are also the employees of a department of Central Government and posted at Aizawl. Such attitude of the Government is discriminatory.
9. In the writ petition, a statement has been made on behalf of the petitioners that grant of HRA at the rate of 'B' class cities to the employees of other departments of the Central Government posted at Aizawl is in contravention of the government instruction and the said orders are also subjected to review. However, no material is placed on record to suggest that such review has ever taken place.
10. In view of the above discussion, we do not find any illegality in the impugned order dated 02.05.2023 passed by the CAT, Guwahati Bench in O.A. No.231/2019 and therefore, no interference is called for with the impugned order.
11. However, it is made clear that if at any point of time the Central Government reviews its decision of granting HRA applicable to 'B' Class cities to the Central Government employees posted in the departments at Aizawl, other than the department where the respondents herein are working, the cases of Page No.# 30/30 the respondents shall also be guided by the said review exercise. However, till any such review exercise is undertaken, the respondents will be entitled to get relief as per the directions issued by the CAT in the impugned order.
With these observations, this writ petition is dismissed.
JUDGE CHIEF JUSTICE Comparing Assistant