Central Administrative Tribunal - Chandigarh
Surinder Singh vs Defence on 15 February, 2024
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CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
O.A. No. 99/2022
Chandigarh, this the 15/02/2024
HON'BLE MR. RAMESH SINGH THAKUR, MEMBER (J)
1. MES No. 363923 Surinder Singh, aged 73 years, son of Gurbachan Singh
R/o H. No. 1239, Shiv Enclave, Sector 50-B, Chandigarh, Pin Code-160047,
Group C
2. MES No. 366358 Mohan Singh, aged 71 years, Son of Jagdish Singh R/o
H.No. 93 Ward No. 7 Bhabat, Mohali, Pin Code-140603, Group:- C.
3. MES No. 361350 Labh Chand son of Sh. Rachna Ram. Age 77 years,
Village Ban Majra, Kurali, Rupnagar(PB)-140103. Group:- C.
4. MES No. 358241 Om Parkash, aged 77 years, son of Sh. Jaswant Bhan,
R/o H.No. 871, Him-Sikkha, Pinjor, Haryana, Pin Code-134102, Group:- C
5. MES No. 365174 Ranjit Singh, aged 69 years son of Nanak Singh, R/o
Village: Parchh, Naunnan Mullanpur, Garibdass, Mohali 140901.Group: C
6. MES No. 370596 Din Dayal son of Sh. Mangat Ram, Age 80 years, H. No.
1664 Kumahar Mohalla Burail, Chandigarh- 160047. Group:- C.
7. MES No. 358491 Mohinder Singh aged 74 years son of Mattu Ram, R/o
Village Jheur Heri, District Mohali, Pin Code- 160003. Group: C.
8. MES No. 361578 Swarn Singh, aged 74 years, Son of Hazara Singh, R/o
V & PO Morinda Ward No. 4, Rupnagar Pin Code- 140101. Group-C.
9. MES No. 367607 Subhash Chand, aged 67 years son of Parshotam,R/o
H.No. 30, Near Air Port, Behlana, Chandigarh. Pin Code-160003. Group:- C.
10. MES NO. 367446 Dilbag Singh, aged 70 years, son of Sarup Singh,R/o
H.No. 140 Village Buterala, Sector-41B, Chandigarh Pin Code-160036,
Group:- C.
11. MES No. 358228 Meharban Singh, aged 78 years, son of Randhir Singh
R/o, H.No. 515, Street No.500, Jujhar Nagar, SAS Nagar (Mohali). Punjab-
140301. Group 'C'
12. MES No. 366228 Mehma Nand Kulashri, aged 73 years son of Bachi Ram
R/o H.No. 2012/7 Sector 32, Chandigarh, Pin Code -160031, Group:- C.
13. MES No. 363125 Bhagwan Dass (Ref. Mech.) aged 73 years, Son of Ram
Kishan, R/o Near Gurudwara No. 1, Ward No. 9, Bhabat, SAS Nagar, Mohali,
Punjab-140603.Group 'C'.
14. MES-356590 Jit Singh Elect. aged 77 years, R/o H.No.-268, Village
Bharanjian Mandir Colony, P. O. Paraul Tehsil Kharar, Mohali-140901.
Group: C.
15. MES NO. 358647 Dharam Singh, (MCM), aged 71 years, Son of Jeet
Singh, R/o Village Jheur Heri, District SAS Nagar Mohali. Pin Code- 160003.
Group:- C.
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16. MES-367188 Gurmail Singh son of Fakhiria, Age 71 years, Village
Kandala Distt. Mohali. Ref/Mech.. Group:- C.
17. MES No. 357736 Vijay Parkash Uppal, aged 74 years R/o
Ambala.Group:- C.
18. MES No. 372556 Rajinder Singh Son of Sher Singh, aged 57 years., R/o
Village Paraul, Tehsil. Kharar, District SAS Nagar Mohali.- 140901.Group 'C'.
19. MES No.374500 Mukhtayar Kaur, aged 66 years, R/o Village Paraul,
Tehsil. Kharar, District SAS Nagar Mohali.-140901.Group 'C'.
20. MES No. 373769Avtar Singh, aged 60 years.. Mastgarh, Teh. Kharar,
SAS Nagar Mohali. Pin Code-140901. Group:- C.
21. MES No. 366998 Nirmal Singh, aged 72 years, R/o Village Shahpur, Teh.
Kharar, District SAS Nagar Mohali. Pin Code 140901, Group:- C.
22. MES No. 366714 Surinder Singh, aged 72 years son of Mehar Singh, R/o
Village Bhago Majra, SAS Nagar Mohali, Punjab, Pin Code -140901. Group:
C.
23. MES No. 358659 Darshan Singh, aged 73 years son of Gurdial Singh,
R/o Village Khilour, Banur, Mohali. Pin Code-140601, Group: C.
24. MES No. 358490 Som Nath Singh, aged 77 years, Son of Mattu Ram
Singh R/o Village Jheur Heri, District Mohali, Pin Code-16003, Group
25. MES No. 356607 Tarsem Lal, aged 74 years Son of Piara Lal, R/o H. No.
2412, Sector-52-A, Chandigarh-160052. Group:- C
26. MES No. 373134 Ramji Giri (Painter), aged 61 years son of Nar Singh
Giri. R/o H. No.:-1675, Dhanas, Small Flat Chandigarh-160037.Group:-C.
27. MES No. 370507 Hans Raj, Painter aged 60 years, son of Sarwan R/o
H.No. 65, Ward No. 8, Village Pabhat, District Mohali, Pin Code- 140603,
Group 'C'.
28. MES No. 363313 Amrik Singh aged 71 years, son of Laxman Singh. R/o
H.No. 257, Village Bhabat, Mohali, Pin Code-140603, Group:- C.
29. MES No. 371496 Mohinder Singh, aged 60 years, Son of Ajaib Singh R/o
H.No. 41, Village Makhan Majra, Daria, Chandigarh. Pin Code-- 160101.
Group 'C'.
30. MES No. 358663 Jang Singh, aged 74 years, Son of Narata Ram, R/o
H.No. Narata Ram, Dafarpur, Munarakpur, SAS Nagar Mohali, Punjab-
140201. Group:- C.
31. MES No. 359477 Subhash Chander, aged 75 years son of Gurcharan
Das R/o H.No. 1221, Sector-22B, Chandigarh-160022. Group: C.
32. MES No. 367978 Gulzar Singh, aged 59 years Son of Raghvir Singh, R/o
H. No. 103,A, Pawala, Fatehgarh Sahib, Punjab- 140602. Group:- C.
33. MES-376269 Bhola Prasad (Mate FGM) aged about 61 years, Son of
Ram Lal R/o. H.No. 1924, Sector-7C Chandigarh-160019. Group:- C.
34. MES No. 367979 Govind Raju, aged 66 years, son of Vailai Dam R/o H.
No. 6267, Maloya Colony, Maloya, Chandigarh, Pin Code- 160025. Group- C.
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35. MES No. 354331 Ranjit Singh, aged 77 years, son Babu Singh R/o H.No.
100 Village Buterala, Sector-41B, Chandigarh Pin Code-160036, Group:- C
36. MES No. 356666 Faqir Singh, aged 73 years, son of Singh R/o Village
Khilour, Banur, Mohali. Pin Code 140601, Group:- C.
37. MES No. 359476 Satya Pal Kumar, aged 74 years, Son of Gian Chand,
R/o H.No. 62A, Swastik Bihar, Phase 2 MDC Panchkula Pin Code-134112.
Group:- C.
38. MES No. 367449 Satinder Mohan son of Sh. Pritam Nath, Age 71 years,
H.No. 1236, Sector-7, Panchkula-134109. Group:-C.
39. MES No. 359464 Ramesh Kumar Gupta son of Sita Ram Gupta, Age 77
years, H.No. 326-K, Phase 7 Sector-61, SAS Nagar (MOHALI). Punjab.
160062. Group:- C.
40. MES No. 375362 Lalit Kumar Sharma (FGM) (Since Deceased) through
his wife Santosh Kumari, aged 47 years, R/o H. No. 619, Sector-47A.
Chandigarh, Pin Code-160047, Group:- C.
41. MES-356571 Sant Kumar son of Lal Chand, age 74 years, MCM, Н. No.
WNo.-4, Post & Teh. Khamanon, District Fatehgarh. Group:- C.
42. MES No. 369670 Harbans Kaur, aged 67 years wife of Late. Kalyan
Singh R/o. Village Behlana Chandigarh. Pin Code-160003. Group:- С.
43. MES No. 356570 Sukh Dev, aged 75 years, Son of Amar Nath Saini, R/o
Village Derabassi, Mohali, Pin Code- 140507. Group:- C.
44. MES No. 358380 Inderjit Singh S/o Mulla Ram, aged 78 years R/o Ward
No. 3, Preet Nagar, Derabassi, District Mohali, Pin Code 140507, Group. 'C'
45. MES No. 357743 Karnail Singh, aged 69 years, son of Hart Ram R/o H.
No. 104, V & P.O. Pabhat, District Mohali, Pin Code-160003. Group C
46. MES No. 357745 Nikka Singh (P/Ptr.), aged 75 years, son of Fagga
Singh Village Dandrala Derabassi, SAS Nagar Mohali, Pin Code- 140507.
Group: C.
47. MES No. 356575 Mohan Lal S/o Puran Chand, aged 77 years, Ref. Mech
HS R/o Haripur, P.O. & Tehsil Haripur, District Kangra (H.P.) Pin Code-
176028, Group C
48. MES No. -358983 Nasib Singh son of Mehma Singh, Aged 77 years.
Village Sangari Wala, Naunnan Mullanpur Garib Dass, Group No. C.
49. MES No. 359394 Janki Ram Chauhan, aged 74 years, son of Kali Ram
Chauhan, R/o H. No. 1208, Sector-46-B, Chandigarh. Pin Code- 160047,
Group:-C
50. MES No. 368993 Dayal Singh, aged 77 years, Son of Variam Singh
(Since Deceased) through his wife Mohinder Kaur, R/o, H.No. 139, Bhabat
SAS Nagar (Mohali)-140603.Group 'C'.
51. MES No. 311940 Mussadi Lal Joshi, aged 75 years son of Upinder Dutt
Joshi, R/o H. No. 26A, Adarsh Nagar, Naya Gaon, Mohali 160103. Group 'C'.
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52. MES No. 357748 Sarup Singh, aged 79 years, Son of Kishan Singh R/o
Village Bhagwanpur, P.O. Rampur Sainia, SAS Nagar (Mohali)- 140507.
Group:- C.
53. MES No. 361558 Satwinder Singh, aged 81 years R/o H.No. 41, Sector-
SA, Eco City, New Chandigarh, Mullanpur-140901. Group- C.
54. MES No. 366357 Ram Singh, aged 74 years, Son of Asha Ram R/o
Village: Tasaulli Nanakpur Rajpura, District Patiala, Pin Code-140602 Group:
C.
55. MES No. 360959 Raj Kumar, aged 73 years son of Late. Dhani Ram, R/o
H.No. 2130 Pipli Wala Town Manimajra, Chandigarh, Pin Code-
160101.Group C
56. MES NO. 361627 Banta Singh, (Ref. Mech.) aged 71 years, son of
Narata Singh R/o Village Sunk, P.O. Mullanpur Garibdass, District Mohali-
140901, Group-C.
57. MES No. 357730 Ranjor Singh, aged 72 years, son of Puran Singh R/o
Village Fatehpur, P.O. Sialbamajri, District Mohali-140110, GP-C.
58. MES No. 356582 Sher Singh aged 77 years son of Sampuran Singh, R/o
Village Chatamli, Kurali, Ropar. Pin Code-140103. Group 'C'
59. MES No. 363960 Gurdas Singh, aged 73 years, son of Narata Singh, R/o
Village Salmpur, Samana Kalan, Ropar.
60. MES No. 358307 Pokh Raj, aged 73 years Son of Nanak Chand, R/o
H.No. 1374, Sector-26, Panchkula-134116. Group C
61 MES No. 359479 Surinder Pal Singh, aged 80 years Son of Sh. Arjun
Singh, H.No. 2131, Block-C, Aero City Mohali 140306. Group:- C.
62. MES No. 355639 Dharam Singh, aged 71 years, son of Jeet Singh, R/o
Village Jheur Heri, District Mohali. Pin Code-160003, Group 'C'.
63. MES No. 358655 Gurnam Singh, aged 62 years, son of Sant Singh R/o
ward no. 9, Village Pabhat, District Mohali, Pin Code-140603, Group C
64. MES No. 356226 Sohan Lal Pawar, aged 73 years, son of Dhana Ram
R/o Village Haripur, tehsil Phillaur, District Jalandhar, Pin Code-
144410.Group 'C'.
65. MES No. Gurmeet Singh, aged 68 years, son of Prem Singh R/o H. No.
2012/3, Sector 32, Chandigarh, Pin Code-160031. Group 'C'
All Working/ Retired Employees of Garrison Engineer, Air Force, Chandigarh.
66. MES No. 314286 Durgesh Chand, aged 57 years, R/o H.No. 124 MES
Colony, Chandigarh, Pin Code-160003. Group D'
67. Jaswant Singh, aged 73 years, son of Sohan Singh, R/o H.No. 380
Phase-6, Mohali, Pin Code- 160055. Group: C.
68. MES No. 363939 Bhag Singh, aged 75 years, son of Ajmer Singh, R/o
Village: Akal Ashram Colony, Sector:-77, Sohana, Mohali (PB)- 140308,
Group:-C
69. MES 362365 Manjit Singh, aged 72 years, son of Wazir Singh R/o H.No.
218 Phase-3A Mohali, Sector-53, Pin Code-160059. Group: C.
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70. MES No. 369831 Ganesh Chand Sharma, aged 64 years, son of Achhar
Sharma R/o H.No. 1742, Sector 49-B, Chandigarh, Pin Code- 160047.
Group C
71. MES No. 367333 Khusal Dev Son of Manadi Lal, Age 70 Years, Village:-
Chalan Majra, Guru Majra, Solan (HP): 173212. Group: 'C'.
72. MES No. 357653 Bakhtawar Singh, aged about 78 years son of Karam
Singh R/o H.No. 1126 Sector 42-B, Chandigarh-Pin Code- 160042, Group. C
73. MES No. 316390 Sanjeev Kumar, aged 44 years son of Late. Prem
Chand,R/o H. No. 421, Sector 7A, Chandigarh-160019. Group:- C.
74. MES No. 362343 Mani Ram, aged 72 years son of Ram Adhar, R/o H.No.
184, VPO:- Behlana, Chandigarh-160003, Group: C.
75. MES No. 359476 Suresh Mohan Sharma, aged 72 years, son of Amar
Nath Sharma R/o H.No. 137, Sector-21A, Chandigarh, Pin Code- 160022.
Group 'C'.
76. MES No. 370886 Madan Pal son of Late. Inderjit (Since Deceased)
through his wife Sharda Rani wife of Madan Pal Aged about 59 years, H.No.
309, VPO:- Behlana, Chandigarh-160003. Group:- C.
77. MES No. 366142 Kalu Ram, aged 71 years son of Gurudev R/o H.No.
296, Singha Devi Colony, Nayagaon, Mohali, Pin Code 160103. Group 'C'.
78. MES No. 364004 Mukhtiar Singh, aged 72 years, son of Late, Sant
Singh.R/o H. No. 167A, Village Nada, Naya Gaon, Mohali-160103. Group: C.
79. MES No. 357452 Ram Saroop, aged 78 years, son of Junu Ram, R/o
H.No. 108, Near Lambardar Dharamsala, Kaimbwala, Chandigarh, Pin Code-
160103. Group:-D.
80. MES No. Roop Chand (Since Deceased) through his wife Amro, aged 73
years wife of Roop Chand R/o Village Nada, Tehsil Nayagaon, SAS Nagar
Mohali Pin Code- 160103, Group-C
81. MES No. 502032 Ram Asra, aged 74 years Son of Mamraj R/o,Village:-
Kajheri, Chandigarh-160047. Group: C.
82. MES 358311 Ujjagar Singh, aged 73 years, Son of Gurcharan Singh, R/o
Lalru Mandi Model Colony, Lalru Mandi-140501, Group C
83. MES No. 363404 Gurmail Singh Son of Joginder Singh, Age 70 Years,
Village Khuda Lahora, Chandigarh-160103. Group 'C'.
84. MES No. 371775 Kuldeep Kumar Son of Tarsem Chand (Since
Deceased) through his wife Sarla Devi, Age 57 years, H.No. 165, VPO:-
Behlana, Chandigarh-160003, Group:- C.
85. MES No. 314007 Sukhwinder Singh, aged 58 years son of Late. Kishan
Chand, R/o H.No. 1861/F, Sector-7, Chandigarh, Pin Code- 160007. Group
'C'
86. MES No. Santu Ram (ELECT) (Since Deceased) through his wife Parwati,
aged 70 years wife of Santu Ram R/o Village Broliman ka Nandam, P.O.
Jagatpura, District Raibareli (U.P.), Pin Code-229001. Group C
All Working/ Retired Employees of Garrison Engineer Chandigarh.
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...Applicants
(BY ADVOCATE: Sh. Harish Sharma)
VERSUS
1. Union of India through Secretary, Ministry of Defence, CGO
Complex, New Delhi-110001
2. The Engineer in Chief's Branch, AHQ of MOD (Army), Kashmir
House, New Delhi-110001
3. The Chief Engineer, HQ Western Command, Chandimandir, Distt.
Panchkula. 134107
4. The Chief Engineer, Chandigarh Zone, N Area Airport Road,
Chandigarh-160003.
5. Chief Engineer (AF) WAC Palam Delhi-110001
6. Commander Works Engineer, Chandimandir. -134107
7. Commander Works Engineer (Air Force) Chandigarh.- 16 2003
8. Garrison Engineer, Chandigarh, N Area Airport Road, Chandigarh-
160003.
9. Garrison Engineer (Air Force), Chandigarh, Air Force Station,
Chandigarh-160003.
...Respondents
(BY ADVOCATE: Sh. A.K. Sharma)
O R D E R(Oral)
Per: SH. RAMESH SINGH THAKUR, MEMBER (J):.
1. This application has been filed under Section 19 of the Administrative Tribunals Act 1985 seeking quashing the reply to the legal notice dated 28.03.2018 A-10 vide which the request for payment of allowance to the applicant was declined. The brief facts leading to filing of this OA are all the applicants are working/ retired in Military Engineering Service and are posted at Chandigarh under 7 the command of respondent no. 3 to 7. Operation Parakaram started w.e.f. 14.12.2001 and lasted till 18.03.2003. After completion of the said operation, respondent no 1 issued letter dated 06.03.2006 A-1 seeking concessions for the all the defence civilian employees who were deployed in the operation. In response to A-1, respondent no. 4 issued certificate to all those who were deployed under the jurisdiction of Chandigarh Zone in operation w.e.f. 19.12.2001 to 18.03.2003. Copy of certificate dated 01.11.2007 is annexed at A-2. The Adjutant General's Branch directed vide its letter dated 16.05.2009 to grant the Field Services Concessions ( FSC ) w.e.f. 19.12.2001 to 18.12.2002 to the defence civilian employees irrespective of the geographical area. Accordingly, respondents made the payment of allowance to the applicants A-3.
2. After two years of payment, vide letter dated 23.05.2011 was issued by respondent no. 2 to respondent no. 3 to the effect that CAG has raised objection regarding the payment and ordered recovery of the allowance, already paid to such employees. Many employees approached this Tribunal and this Tribunal allowed the OAs (A-5) quashing the recovery proceedings and further directing the respondents to pay the allowances for the period of 3 months
3. In compliance to above, respondents vide letter dated 18.07.2016 and 20.09.2017 released the payments of allowances for the unpaid period of three months as directed. However, the above allowances were paid only to the employees, who approached this Tribunal. The applicants represented on 11.12.2017 asking the payment of remaining allowances for 3 months, but no action was taken. Thus the applicants got served a legal notice on 10.03.2018 to R-4,8 and
9. In reply dated 28.03.2018 to the said legal notice, it was stated by respondent no. 4 that the said allowances can be paid to the employees only who approached this Tribunal. Thus, leading to filing of this OA.
4. Notice was issued to respondents on 01.02.2022. In the reply it has been stated that applicants have not impugned any order prejudicial to his right and has challenged the reply to his legal notice.
8It has been further submitted that all defence civilian employees who were employed during the period 19.12.2001 to 18.12.2002 were paid allowance. Any defence civilian employees who were not applicants in the above order dated 22.11.2011 passed by the Tribunal were not paid the allowance for 3 months i.e. 19.12.2002 to 18.03.2003. Respondents have further stated that applicants are seeking their claim on the basis of judgment dated 22.11.2011 A-5 which is not maintainable as the orders passed by the Hon'ble Court was in personm and not in rem and per inquirium.
5. The applicant did not file rejoinder to the said reply. The applicant has relied upon the judgement passed by Hon'ble Punjab and Haryana in the matter of Satbir Singh Vs. State of Haryana CWP No. 4382 of 2002 decided on 21.03.2002. The relevant portion of which is as under:
"This increase in litigation is attributable to inaction or patently arbitrary orders of the state, in denying identical relief to some of its employees, which the state has already granted to other similarly situated other employees , in furtherance to the judgements of the Court which have attained finality"
6.I have heard learned counsels for the parties and have gone through the pleadings attached to the OA. From the facts it is clear that all the civilian defence employees are entitled for certain concessions for their filed service while serving in operational area. Respondents have made the payment of the allowance to the applicants in OP Prakaram for a period w.e.f. 19.12.2001 to 18.12.2002 to the defence civilian employees irrespective of the geographical area of payment. However, the applicants are not being paid the allowances for remaining three months period as the applicants had not filed any case before this Tribunal for the same as the allowances are being paid to the employees only, who had approached this Tribunal.
7. The applicant has relied upon the judgement passed by this Tribunal in the OA No. 778 / 2011 decided on 12.09.2011, wherein, this Tribunal has dealt with the issued which are involved in the 9 present case also. It is admitted fact that the Operation Parakram started w.e.f. 14.12.2001 to 18.03.2003 and all the defence civilian employees irrespective of graphical area of the deployment were allowed to get the benefit of FSC ( field service concession ). The entitlement for such benefit has been dealt by this Tribunal in the matter of Bathinda Ammunition Depot Janta Karamchari Sangh & Ors Vs. Union of India & others in OA No. 604 / PB/ 2010 decided on 13.07.2011. The relevant portion of which is as under:
" It is not in dispute that the order was issued by the Western Command, Chandimandie in October, 2002 (Annexure R-1) with a direction to adopt the War System of Accounting for the WE Formations / Units mobilized / deployed in the "OP PARAKRAM" for a period of one year w.e.f. 19.12.2001 to 18.12.2002 or till the termination of the operation, whichever was earller, irrespective of the geographical area of the deployment. The respondent AD Bathinda, Is duly mentioned at Sr. no. (xvi) in the list of the formations/units which were mobilized / deployed in "OP Parakram. Annexure 8-6 dated 12.9.2007 shows that the defence civilian employees of the AD Bathinda were actually deployed in the "OP Parakram". As per Annexure R-7 dated 6.7.2007 issued by the GOC, Headquarter 10 Corps C/o 56 APO addressed to the HQ South Western Command (A) C/o 56 APO, It had been mentioned clearly that the Government had sanctioned the FSC to the defence civillan employees who had been deployed in the "OP PARAKRAM" along with the Army, vide Govt. of India, Ministry of Defence letter dated 6.3.2006) The concessions were sanctioned w.e.f.
14.12.2001 till conclusion of the operation on 18.3.2003 le. for a period of 15 mariths. In the list of formations / units entitled for such allowance, the name of the AD Bathinda, is also mentioned at Sr. No. (b). On the basis of this order, a further order was issued on 18.7.2007. (Annexure 'R-8) sanctioning the FSC to the civillan employees of the Units/ Formations deployed in "Operation Parakram". 10. It appears that the problem arose when the audit authorities raised an objection that When even the Army personnel deployed in the AD Bathinda have not been given the FSC, how the civilian employees can be paid the same and when the sanction for payment of FSC was issued for 15 months, then why it has been restricted for one year only. It appears that instead of clarifying the position, the authorities took this objection as a decision for withdrawal of the FSC and initiated action for recovery of the same. They should have convinced the Audit Authorities about the specific decision taken in regard to the category of the applicants for grant of the FSC. Just because the Army personnel were not sanctioned such allowance, the same cannot be denied to the applicants when such allowance had specifically been granted to them by a specific decision. Secondly, the FSC was granted for full 15 months and not for 12 months only. As to why it was granted only for 12 months has also not been explained by the respondents.It cannot be disputed that the AD Bathinda was deployed in the Operation Parakram and it had also adopted War Establishment System of Accounting and there was huge rush of work relating to issue, receipt, loading and unloading of ammunition, which was carried out on war footing and on all days, including Sundays, were declared to be working days. In other words, the AD Bathinda was put into operation as if it was in a war-like situation. Thus, whether it was actually shifted to a warlzone or not would not make any difference. The applicants would fall within the term of "deployed/mobilized staff for the Operation Parakram. If the Army 10 Personnel have not been pald FSC, that does no mean that the applicants cannot be sanctioned the same despite a specific decision having been taken in their favour"
8. In the instant case, after completion of Operation Parkaram, respondent no. 1 issued letter dated 06.03.2006 A-1 and respondent no. 5 has also issued the certificate of deployment under jurisdiction of Chandigarh Zone. The Adjutant General Branch vide letter dated 16.04.2009 has directed to grant the field service concession to the defence civilian employees irrespective of the geographical area. It is also admitted fact that the respondents has paid the FSC to the applicants for the whole period except three months. This issue has already been decided by this Tribunal in the matter of Bathinda Ammunition Depot ( supra ) and the applicants are entitled for FSE for the whole period. The applicant has also relied upon the judgement passed by the Hon'ble High Court of Punjab and Haryana in the matter of Satbir Singh Vs. State of Haryana in CWP no. 4382 of 2002 decided on 21.03.2002, wherein, it has been held that the benefit granted to other similar situated employees in furtherance of the judgement passed by the Court, in which the matter has attained finality. The state being the welfare state should allow same benefit to the similar situated persons automatically. So the stand taken by the respondents with the persons that the benefit be granted to those only who have approached the Court is not sustainable in the eyes of law. Otherwise also the issue in the present case is already covered by the judgement passed by this Tribunal in the matter of Bathinda ( supra ).
9. Resultantly, this OA is allowed. Respondents are directed to pay the three months FSC to the applicants within a period of three months after receiving the order of this Tribunal
10. No order for costs.
(RAMESH SINGH THAKUR)
db Member (J)