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Central Administrative Tribunal - Delhi

Manjeet vs Defence on 22 October, 2024

                                            1
       Item No. 12/
                12 C-5


                                                                  O.A. No. 1225/2024

                           Central Administrative Tribunal
                             Principal Bench: New Delhi

                                 O.A. No. 1225/2024

                            This date of 22nd October, 2024

                         Hon'ble Mr. Manish Garg, Member (J)

1.Manjeet, Aged-38
           Aged     Years,
S/o Sh. Rammehar,
Working as Elect (SK) in the office of GE(I) R&D Delhi Residence of Vill.
Khizarpur Jat Majra, PO Rattangarh, Distt. Sonipat Haryana
                                                   Haryana-131001

2. Raj Karan, Aged-
              Aged 60 Years,
S/o Sh. Puran Singh,

Retired as Elect HS-I
                 HS I from the office of GE(I) R&D Delhi Residence of Vill. Chahal
Pana, Mahmudpur, Distt. Sonipat, Haryana-131301
                                   Ha

3. Rajender Singh, Aged-46
                    Aged   Years,
S/o Sh. Banwari Lal,
Working as FGM(SK) in the office of GE(I) R&D Delhi Residence of Qtr. No.B
                                                                      No.B-05,
Type-II,
      II, 2nd Floor, DRDO Complex, Timarpur Delhi-
                                            Delhi-110054

4. Yogendra Singh, Aged-31
                   Aged      Years,
S/o Sh. Rajan Singh,
Working as Elect (SK) in the office of GE(I) R&D Delhi Residence of Qtr No.286,
Sector-4,
       4, Timarpur Delhi-110054
                   Delhi

5. Sonu, Aged-30
              30 Years, S/o Sh. Hariraj,
Working as Elect (SK) in the office of GE(1) R&D Delhi
Residence of Vill. Khizarpur Jat Majra,
PO Rattangarh, Distt. Sonipat, Haryana-131001
                               Haryana

6. Gaurav Thakur, Aged-34
                  Aged     Years,
S/o Sh. Rudra Singh Thakur,
Working as Elect (SK) in the office ofGE(I) R&D Delhi
Residence ofQtr. No.693, Type-I,
                         Type Timarpur,
Delhi-I 10054

7. Babloo Singh, Aged-
                 Aged 34 Years,
S/o Sh. Vijay Singh,
Working as RIM (SK) in the office ofGE(I) R&D Delhi
Residence of Qtr. No.362, Sector-04,
                          Sector     Timarpur,
Delhi-I 10054

8. Rasa Singh Rawat, Aged-
                     Aged 33 Years,
S/o Sh. Bhanwar Singh,
Working as Elect (SK) in the office ofGE(I) R&D Delhi
Residence of Qtr. No.278, Sector-04,
                          Sector      Timarpur,
                                            2
       Item No. 12/
                12 C-5


                                                         O.A. No. 1225/2024

Delhi-I 10054

9. Deepak Kumar, Aged-
                  Aged 34 Years,S/o Sh. Virender
Working as Elect (SK) in the office of GE(I) R&D Delhi
Residence ofQtr. No.B-21,
                 No.B      Type-II, 6 th Floor,
DRDO Complex, Timarpur, Delhi-II
                            Delhi 0054

10. Ram Baran, Aged-
               Aged 37 Years,
S/o Sh. Ghanshyam,
Working as Elect (SK) in the office ofGE(I) R&D Delhi
Residence of Qtr. No.290, Sector-04,
                          Sector      Timarpur,
Delhi-I 10054

11. Kaushlendra Kumar, Aged-
                         Aged 33 Years,
S/o Sh. Prashuram Sharma,
Working as RIM (SK) in the office of GE(I) R&D Delhi
Residence
   sidence of Qtr. No.B-03,
                   No.B     Type-II,
                                 II, 1st Floor, DRDO
Complex, Timarpur, Delhi-II
                     Delhi 0054

12. Paramendar Kumar Yadav, Aged-
                               Aged 36 Years,
S/o Sh. Ummed Singh,
Working as RIM (SK) in the office of GE(I) R&D Delhi
Residence ofQtr. No.9I, Sector-04,
                        Sector     Timarpur,
Delhi-l10054

13. Suresh Kumar Meena, Aged-
                         Aged 30 Years,
S/oo Sh. Ram Singh Meena,
Working as RIM (SK) in the office of GE(I) R&D Delhi
Residence ofQtr. No.B-06,
                 No.B     Type-II,
                                II, 2nd Floor, DRDO
.Complex, Timarpur, Delhi-I
                    Delhi 10054

14. Jagat Singh Aged 33
S/oSh. Devi Charan,
                aran,
Working as Elect (SK) in the office of GE(l) R&D Delhi
Residence of Qtr. No.259, Sector-04,
                          Sector      Timarpur,
Delhi-I 10054

15.
 5. Md. Afzal, Aged-
                Aged 37 Years,
S/oo Md. Jaliluddin,
Working as FGM (SK) in the office of GE(I) R&D Delhi
Residence of Qtr. No.249, Sector-'04,
                          Sec         Timarpur,
Delhi-II0054

16. Smt.. Dharamwati, Aged-
                      Aged 45 Years,
W/oo Late Gopi Ram,
Working as FGM HS-II
                 HS II in the office ofGE(I) R&D Delhi
Residence of 173/3-38B/Jhuggi,
             173/3              Jahangir Puri,
North West Delhi, Delhi-.1I0033
                  Delhi

17. Anand Kumar Sharma, Aged-
                           Aged 43 Years
S/oSh.
  oSh. Satish Kumar Sharma,
Working as Elect HS-II
                 HS II in the office ofGE(I) R&D Delhi
Residence ofKH-498,
           ofKH      Sabhapur, Karawal Nagar,
                                            3
       Item No. 12/
                12 C-5


                                                          O.A. No. 1225/2024

North East, Delhi-II
            Delhi 0094

18. Sandeep Kumar, Aged-34
                    Aged      Years,
Sio Sh. Satyawan Singh,
Working as Elect (SK) in the office of GE(l) R&D Delhi
Residence ofQtr. No.B-I3,
                 No.B     Type-II, 4 th Floor,

19. Devendra Kumar, Aged-
                    Aged 44 Years,
S/o Sh. Ramsaran Singh,
Working as Elect HS-II
                 HS II in the office ofGE(I) R&D Delhi
Residence of Amba Colony-2,
                   Colony Bulandshahr,
U.P.-20300 1

20. Ramchander, Aged-
                 Aged 48 Years,
S/o Sh. Khamchand,
Working as FGM HS-II
                 HS II in the office ofGE(I) R&D Delhi
Residence ofQtr. No.457, Sector-04,
                         Sector      Timarpur,
Delhi-1I0054

21. Mahesh Chand Nagar, Aged-
                          Aged 50 Years,
S/o Sh. Lakhi Chand Nagar,
Working as FGM HS-II
                  HS in the office of GE(I) R&D Delhi
Residence of ViII-Pipalka
             ViII         Suratpur, PO Bilaspur,
Distt. Gautam Budh Nagar, Greater Noida U.P.

22. Ramesh Kumar, Aged-
                   Aged 59 Years,
S/o Sh. Ramlubhaya,
Working as FGM HS-I
                 HS I in the office of GE(I) R&D Delhi
Residence of 42E, Pocket-4,
                  Pocket Mayur Vihar Phase-I,
Delhi-I 10091

23. Ramayan Mehto, Aged-
                      Aged 59 Years,
S/o Sh. Sahejan Mehto,
Working as FGM HS-II
                  HS II in the office ofGE(I) R&D Delhi
Residence ofH.No.II48, Street No.25, Swatantra Nagar,
Narela, Delhi-II
              II 0040

24. Mukesh Chand, Aged-
                  Aged 59 Years,
S/o Sh. Laxmi Chand,
              Cha
Working as Elect MCM in the office ofGE(I) R&D Delhi
Residence ofH.No.1I6, Pocket-OI,
                      Pocket     Paschim Puri,
Delhi-I 10063

25. Sahab Singh, Aged-
                 Aged 51 Years,
S/o Sh. Chander Singh,
WorkingasCarpSK.in the office ofGE(I) R&D Delhi
Residence.ofH.No.712, Dichaon Kalan,
                               Kal Delhi-43

26. Naresh Pal, Aged-
                Aged 57 Years,
S/o Sh. IsahkLal,
Working as FGM HS-II
                  HS II inthe office ofiGE(I) R&D Delhi
Residence ofH.No.429, Block No.24, Trilok Puri,
                                             4
       Item No. 12/
                12 C-5


                                                             O.A. No. 1225/2024

Delhi-l 10091

27. Smt. Parwati Devi, Aged 54 years
W/o.Sh. Ranjeet Singh,
Working as FGMHS-II
            FGMHS II in the office of GE(I) R&D Delhi
Residence ofQtr. No.B.. 10, Type-II,
                            Type II, 3 rd Floor, DRDO
Complex,Timarpur,Delhi.. 11,0054

28. Mr. Ghanshyam Das, Aged 59 Years
S/o. Sh. Dwarkanath,
Working as Elect HS-II
                   HS II in the officeofGE(I) R&D Delhi
ResidenceofH.No.121 Type-II, Near DMSBooth,
ResidenceofH.No.1218,
Titnarpur, Delhi--ll0054

29. Ramesh Kumar, Aged-
                   Aged 59 Years,
S/o Sh. Silak Ram,
WorkingasPipe/Ftr (SK) in the ,office of GE(I)R&D Delhi
Residence ofVilL Pahladpur (15R) Distt. Sonipat,
Haryana-13140~
         13140~

30. Smt. Manju Bala, Aged-
                     Aged 52 Years,
W/00 Sh. Deepak Arora,
Working as Carpenter(SK) in the office ;of GE(I) R&D Delhi
Residence ofl-384,
              384, Karampura, .New Delhi-II
                                     Delhi 00 15

31. Pratap Singh, Aged-
                  Aged 55 Years,
S/o Sh. Dalip Singh,
Working as Carpenter HS-I
                      HS I in the office of GE(I)R&D Delhi
ResidenceofH.No.197,
     denceofH.No.197, Savitri Nagar,
PO MalviyaNagar, Delhi-l10017
                   Delhi

32. Ravi Dutt, Aged-
               Aged 59 Years,
S/o Sh. Nawal Singh,
Working as Carpenter(SK) in the office ofGE(I) R&D Delhi
Residence ofVPO-Pahari,
           ofVPO         Tehsil Pataudi,
Distt. Gurugram, Haryana-122502
                 Haryana

33. Raj Narayan,
           ayan, Aged-
                 Aged 59 Years,
S/oo Sh. Ram Dayal Mishra,
Working as FGM HS-II
                 HS II in the office ofGE(I) R&D Delhi
Residence ofH.No.l 050, Gali No.05, Sangam Vihar, .
Wazirabad, Burari, Delhi-l10054
                   Delhi

34. Smt. Jagwati Devi, Aged-
                       Aged 60 Years,
W/oo Late am Parkash,
Retired as Carp (SK) from the office of GE(I) R&D Delhi
Residence of 467, Sector-03,
                  Sector     Pushp Vihar,
Malviya Nagar, Delhi-l10017
                Delhi

35.
 5. Raj Kumar, Aged-
                Aged 62 Years,
S/oo Sh. Nakli Ram,
Retired as PipeIFtr(SK) from the office of GE(I) R&D Delhi
Residence ofWZ-470,
           ofWZ       J/1, Clock Tower,
                                             5
       Item No. 12/
                12 C-5


                                                              O.A. No. 1225/2024

Hari Nagar, Mayapuri, Delhi-ll0064
                      Delhi

36. Smt. Sheela Devi, Aged-
                      Aged 63 Years,
W/00 Sh. Dhani Ram,
Retired as Mate Painter from the office of GE(I) R&D Delhi
Residence ofH.No.35, Gali N<;>.03, Najafgarh
Dindarpur, South West Delhi, Delhi-II
                              Delhi 0043

37. Satbir
        bir Singh, Aged-
                   Aged 63 Years,
S/oo Sh. Maha Singh,
Retired as Elect (SK) from the office of GE(I) R&D Delhi
Residence ofH.No.254, Balore, Bhahadurgarh,
Distt. Jhajjar, Haryana-
                Haryana 124507

38.
 8. Madan Lal, Aged-
                Aged 63 Years,
S/oo Sh. Manna Lal,
Retired as Pipe/FtrHS-II
           Pipe/FtrHS from the office of GE(I)R&D Delhi
Residence ofUG-18/417,
           ofUG          Sector-03, Rajinder Nagar,
Shibabad UP-201005
              201005


39. Harender Sha, Aged-
                    Aged 61 Years,
S/oo Sh. Butan Sah,
Retired as Pipe/Ftr (SK) from the office of GE(I) R&D Delhi
Residence of E-21,21, Gali No.17, Inder Enclave,
                                        E
Phase-II,
       II, Kirari, Suleman Nagar, Delhi-II
                                    Delhi 0086

40. Suresh Kumar, Aged-
                   Aged 61 Years,
S/00 Sh. Nota Ram Kaira,
Retired as Pipe/FtrMCM from the office of GE(I)R&D Delhi
Residence of H.No.I72A, New Colony,
Gurugram, Haryana-12200
            Haryana      1

41. Smt. Krishna Devi, Aged- 61 Years,
W/oo Sh. Omprakash,
Retired as Carpenter(SK) from the office of
GE(I) R&D Delhi
Residence ofH.No.36, VPO Nangal Thakaran,
Delhi-ll0039

42.. Roshan Lal, Aged-
                 Aged 63 Years,
S/oo Sh. Chhote Lal,
Retired as Mate Pipe/Ftr from the office of GE(I)R&D Delhi
Residence of 863, R.K. Puram, Sector-3,
                               Sector
South.West Delhi, Delhi-ll0022
                   Delhi

43. Vijay Singh, Aged-
                  Aged 60 Years,
S/o Sh. Harpal Singh
Retired as FGM MCM from the office of GE(I) R&D Delhi
Residence ofVill-Daulatpur,
           ofVill           Modinpur,
MeerutlJP-250205
           250205
                                             6
       Item No. 12/
                12 C-5


                                                                 O.A. No. 1225/2024

44. Chaneshwer Ram, Aged-
                       Aged 60 Years,
S/o Sh. Shivnath Ram,
Retired as Elect (SK) from the office of GE(I) R&D Delhi
Residence of Plot No.54, Gali No.04, Satya Vihar,
Burari, Delhi-II
              II 0084

45. Karan Singh, Aged-
                  Aged 60 Years,
S/o Sh. Parbhu Dayal,
Retired as Elect HS-II
                    II from the office of GE(I) R&D Delhi
Residence ofVill-Deroli
           ofVill Deroli Ahir (103), Distt. Mahendragarh,
Haryana-I23028

46. Kundan Singh, Aged-
                   Aged 61 Years,
S/o Sh. Delip Singh,
Retired as Elect (SK) from the office of GE(I) R&D Delhi
Residence ofN30, Gali No.02, Karawal
                               K         Nagar,
North East Delhi-II
           Delhi 0094

47. Pitamber Dutt, Aged-
                   Aged 61 Years,
S/o Sh. Kesav Dutt,
Retired as Elect (SK) from the office of GE(I) R&D Delhi
Residence ofH.No.04, Gali NoAO, B-Block,
                                    B
Kaushik Enclave Part-2,
                  Part Burari, Delhi-II 0084

48. Lekh Raj Singh,
              Sin Aged- 62 Years,
S/o Sh. Amar Singh,
Retired as Elect HS-II
                 HS II from the office of GE(I) R&D Delhi
Residence ofVill-Bhonra,
           ofVill         Sikandrabad Rural,
Bulandshahar, Sikandrabad, UP-203205
                             UP

49. Inder Singh, Aged-
                 Aged 60 Years,
S/o Sh. Jeet Ram,
Retired as Elect HS-II
                 HS fromom the office of GE(I) R&D Delhi
Residence ofH.No.I28, Taj Pur Kalan,
North West Delhi, Delhi-II
                   Delhi 0036

50. Raghubir Singh, Aged-
                    Aged 64 Years,
S/o Sh. Chandram,
Retired as FGM (SK) from the office of GE(I) R&D Delhi
Residence ofVPO Lath, Distt. Sonipat,
Haryana-I3I30I

51. Rakesh, Aged-
            Aged 64 Years,
S/o Sh. Misri Lal Sharma
Retired as FGM (SK) from the office of GE(I) R&D Delhi
Residence ofKh 14/21, A-2
                       A Block, Chandan Vihar,
Sant Nagar, Burari, Delhi-II
                    Delhi 0084

       52. Rajinder Kumar, Aged-62
                            Aged     Years,
       S/o Sh. Sukbir Singh,
                      Singh
       Retired as Elect (SK) from the office ofGE(I) R&D Delhi
       Residence ofH.No.286, Bpribwali Gali,
                                     7
Item No. 12/
         12 C-5


                                                             O.A. No. 1225/2024

Patpargang, Delhi-II
            Delhi 0091

53. InderKumar, Aged-
                 Aged 65 Years,S/o Sh. Thakkur Dass
Retired as Elect HS-
                 HS I from the office of GE(I) R&D Delhi
Residence ofH.No.30, Gali No.16, A-2
                                   A Block,
West Sant Nagar, Burari, North Delhi, Delhi-l
                                       Delhi l 10084

54. Karan Singh, Aged-61
                 Aged    Years,
S/o Sh.Diwan Singh,
Retired as Elect MCM from the office of GE(I) R&D Delhi
Residence ofH.No.F330, Gali No.6, Village
Wazirabad, North Delhi-l
                  Delhi 10084

55. Santi Swaroop, Aged-
                   A      60 Years,
S/o Sh. Nathi Lal,
Retired as Elect HS-II
                 HS II from the office ofGE(I) R&D Delhi
Residence ofB-842,
           ofB      Avantika, Sector-I,
Delhi-II 10085

56. Vijay Singh, Aged-
                  Aged 61 Years,
S/oSh. Ram Singh,
Retired as Elect (SK) from the office ofGE(I) R&D Delhi
Residence
    dence of 156A, D-Block
                    D        Kamna Vashali
Mother Dairy, Sec-2,
               Sec I.E. Sahibabad, UP-201010
                                         201010

57. Subhash Chander, Aged-
                       Aged 64 Years,
S/o Sh. Indraj Singh,
Retired as Elect (SK) from the office of GE(I) R&D Delhi
Residence of Near MCD Park, H.No.02, Barwala,
North Delhi,
      Del Delhi-II 0039

58. Ramesh Kumar, Aged-
                    Aged 64 Years,
S/oSh. Puranrnal,
Retired as Elect HS-II
                 HS II from the office of GE(I) R&D Delhi
Residence ofRZ-47,
           ofRZ 47, Rajiv Vihar, New Anaj Mandi,
Najafgarh, Delhi-II
           Delhi 0043

59. Deepak Kumar, Aged-
                    Aged 63 Years,
S/0 Sh. Parkash Chander,
                 Cha
Retired as Elect (SK) from the office of GE(I) R&D Delhi
Residence ofH.No.I 00, Pana Udyan, Narela,
North West Delhi, Delhi-II
                   Delhi 0040

60. Kishan
       han Swaroop, Aged-
                      Aged 65 Years,
S/0
  0 Sh. Yadram,
Retired as Mate Painter from the office of GE(I) R&D Delhi
Residence
      ence of 59, 59 New Get Pakki Mori,
Ghaziabad, U.P.-201
            U.P.      001

                                                                 Applicants

  (By Advocate: Mr. Yogesh Sharma)
                                      8
Item No. 12/
         12 C-5


                                                        O.A. No. 1225/2024




                                  V/s
      1. Union of India through the Secretary,
         Ministry of Defence, South Block, New Delhi.

      2. The Engineer-in-Chief,
             Engineer
      Military Engineer Services,
      Directorate General (Pers)
      Engnineer
      Engnineer-in-Chief Branch,
      Kashmir House, Rajaji Marg, New Delhi
                                      Delhi-lIOOl1

      3. The Controller General of Defence Accounts,
      Ulan Batar Road,
      Palam, Delhi Cantt. 110010

      4. The Garisson Engineer(I) R&D,
      Military Engineer Service, Lucknow
                                 Lucknow Road.
      Timarpur, Delhi-110054.
                Delhi

                                                        ...Respondent

(By Advocate: Mr. U Srivastava)
                                             9
      Item No. 12/
               12 C-5


                                                                  O.A. No. 1225/2024

                            ORDER

By virtue of the present Original Application (OA), the applicants are seeking the following relief:

"(i) That the Hon'ble Tribunal may graciously be pleased to pass an order of quashing the impugned order dated 17.3.2024 and dt.23.11.2023 (Annex.A/1) and consequently, pass an order directing the respondents to consider and to grant the Dress Allowance as per the OM dated 31.08.2017 w.e.f. 01.07.2017 by way of extending extending the benefit of judgment passed by the Hon'ble Chandigarh Bench dated 05.06.2020 in OA No.12282/019 and other connected cases and judgment dated 14.9.2022 in OA No. 72/2022 with all consequential benefits including the arrears of difference of pay and allowances allowances from due date.
(ii) Any other relief which the Hon'ble Tribunal deem fit and proper may also be granted to the applicants along with the costs of litigation."

2. Learned counsel for the applicants impugns the office order dated 13.03.2024, which reads as follows:

"SUB: REGARDING DRESS ALLOWANCE FOR INDUSTRIAL STAFF OF GE (I) R&D DELHI

1. Applications dt 19 Feb 2024 and 06 Mar 2024 in r/o all industrial staff are forwarded herewith for your info and necessary action pl.

2. In this context, please please refer DG (Pers)/E1C (Legal) EE-in-C's Branch, New Delhi letter No. 90237/4021/E1C (Legal (Legal-C) dt 23 Nov 2023 (copy enclosed) under which it has been cleared that policy decision regarding grant of dress allowance to Industrial employees of MES is under consideration consideration with MoD. Till decision is taken on the matter, Court orders will be implemented by issuing GSL after due concurrence of MoD and MoD/Fin, which is still awaited.

3. In view of above, the matter of grant of dress allowance to industrial staff will will be considered after direction of higher authorities. The same may pl be intimated to all industrial staff accordingly."

3. It is quite apparent from the impugned order itself that the matter pertains to a policy decision regarding the grant of dress allo allowance to 10 Item No. 12/ 12 C-5 O.A. No. 1225/2024 Industrial Employees of MES, which is under consideration by the Ministry of Defence (MOD). The said order was passed on 13.03.2024.

4. We also find that a similar contention has been raised in the counter reply in paragraph 1, which reads as foll follows:

"Para 1: Admitted to the extent of the matter of records however the claim in respect of industrial persons regarding Dress allowance of this office was forwarded to audit authorities for payment but the same was returned with the contentions that it is not/2 admissible with further contentions that policy decision regarding the grant of dress allowance to industrial employees of MES is under consideration with MOD and till the decision is taken in the matter the same cannot be extended it is also rele relevant to mention here that the same is still pending consideration at the appropriate level and would be depending on the outcome of the same."

5. The stand of the applicant is quite clear and explicit. It is not in dispute that the issue has been pending before the Ministry of Defence since March, and despite almost seven months having passed, no concrete decision has been taken till date.

6. We also note that an identical matter was addressed in OA No. 01228/2019, decided by the Chandigarh Bench of this T Tribunal, where the issue was dealt with. The relevant paragraphs read as follows:

"12. A perusal of the OM dated 2.8.2017 would disclose that Ministry of Finance has taken a conscious decision that in supersession of earlier orders relating to various allo allowances viz.
Clothing, Initial Equipment, Kit maintenance, Robe, Robe maintenance, Show, Uniform and Washing etc. Dress Allowance was sanctioned and category of staff, who was to be supplied uniforms and were required to wear them regularly like Trackmen, Running Staff Railways, Staff Car Drivers, MTS, Canteen Staff of Non Non-Statutory Departmental Canteens59 etc. was sanctioned a sum of Rs.5,000/ per annum and these various allowances were Rs.5,000/-
subsumed, no other allowance was to be paid. Pursuant to this memo, the the DoP&T, nodal Department, also issued Office memo dated 31.8.2017, which clearly provides that Uniform Allowance/Washing allowance/Stitching Charges/Show 11 Item No. 12/ 12 C-5 O.A. No. 1225/2024 Allowance etc. have been subsumed in Dress Allowance which shall be Rs.5,000/-
Rs.5,000/ per annum. which shal shall be credited to the salary of employees directly once a year in the month of July. As per para 7, this allowance covers only the basic uniform of the employees and any special clothing will continue to be provided by the concerned Ministry, as per existingg norms. In compliance thereto, the PCDA, Chandigarh, vide decision dated 5.6.2018 (Annexure A-3), A clearly indicated that benefit of OM dated 2.8.2017, may be extended to the civilian of MES including industrial personnel. Again there is a letter dated 2.8 2.8.2018 (Annexure A-4), A 4), indicating that competent authority has clarified that Dress Allowance is payable to industrial/non industrial employees w.e.f. 1.7.2017. Thereafter, the applicants were granted the benefit of Dress Allowance for the years 2017 2017- 18 to 2019-20.
13. It is quite surprising that all of a sudden, the respondents have passed the impugned orders conveying that there is not even a decision as yet for grant of Dress Allowance to the category of the applicants and as such the payment of allowance already made may be recovered, as clarified by PCDA, Chandigarh, and as such impugned orders of recovery were passed, that too in violation of the principles of natural justice. A perusal of both reproduced OMs would make it clear that a consciou decision was taken by the Ministry of Finance, conscious Department of Expenditure, New Delhi and then DoP&T (Nodal Department), pursuant to implementation of the 7th CPC recommendations, for grant of Composite Dress Allowance, instead of various allowances, which were discontinued, @ Rs.5,000/ per annum. The respondents have also not rebutted Rs.5,000/-
the averments made by the applicants that they stopped receiving the washing allowances from the date they started getting Dress Allowance @ Rs.5000/-per per annum. Be that as iit may, the fact remains that since a specific clarification has already been issued by the nodal Department of Personnel & Training, for grant of such allowance to the entitled categories, therefore, the view taken by respondents in withdrawing the same from fr the applicants and making recovery thereof cannot be sustained and as such the impugned orders in all these cases are quashed and set aside. The applicants are held entitled to grant of Dress Allowance and if any recovery has been made, the same be refunded refu to the relevant individuals involved in these cases. No cost"

cost

7. In view of the above, no divergent view is taken in the present matter. The OA is disposed of at the admission stage itself by directing the respondents to extend the benefits in terms of para 13 of the OA No. 12 Item No. 12/ 12 C-5 O.A. No. 1225/2024 1228/2019 within a period of two months from the date of receipt of certified copy of this order.

8. The present OA stands disposed of. All pending applications stand disposed of. No order as to costs.

(Manish Garg) Member (J) /arti/