Central Administrative Tribunal - Kolkata
Pawan Kumar vs M/O Defence on 9 September, 2020
1
An application under Section 19 of the Administration Tribunal's Act 1985
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1. PAWAN KUMAR son of Shri
Karam Chand, aged about 39
years, working as .Eire Engine
Driver under respondent. no. 3,
permanent resident of Village-
Mirazapur, P.O. Firozpur, P.S-
Sujanpur, Tehsil- Pahankot
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(Punjab) Pin Code- 145023.
2. RAJPAL, son of Shri Kartar
Singh, aged about- 37 years,
working as Fire. Engine Driver
' . under respondent " no. 3,
permanent resident of Village
and Post Ruriawas, p.s:
Shalawas, District and Tehsil*
Jhajjar (Haryana) Pin Code-
124106.
3. KANHAIYA LAL, son of Shri
Hari Singh, aged about- 38
years, working as Fire Man
under respondent no. 3,
permanent resident of Village
Tiyakanagla, Post Office-
Brahmbad, Tehsil* Bayana,
'. ' Police Station-Rudawal,
District- Bharatpur (Raj), Pin
Code-321410.
4. RAMESH PRASAD,. son of Late
Saudagar Dhobi, aged about 36
years, working as . J'ire Man
under respondent no. 3,
permanent resident of Village
! Kanakpura, Post Office-
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Shonaria, Tehsil & Police .
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Station- Trkulwa, District- %
Deoria, (Uttar Pradesh) Pin m
Code-274408: mm
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5. SATEWAN, son of Shri Satpal,
aged about 36 years, working as g
Fire Man under respondent no.
3, permanent resident of Village
Barhana, Post Office & Tehsil & S§
Police Station, Beri, District-
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Jhajjar, (Haryana) Pin Code-
'124107.
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6. ANJAY KUMAR, son of Shri ai
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Baldev Prasad, aged about 41
years, working as Fire Man
under respondent No. 3,
permanent resident of Viilage-
Chowk Shikarpur, Post Office-
Begampur, District and Tehsil-
Patna (Bihar), Pin Code- 800009.
7. MITHILESH HR. SHARMA, son
of Shri Bhawesh Sharma, aged
about 36 years, working as Fire
Man under respondent no. 3,.
permanent resident of Village
3
Auriya, Post Office- Pawai, f|
Police Station- Amarpur, i
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District- Banka, (Bihar), Pin
Code-813125.
8. DALAR HUSSAIN, son- of m
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Karamdin, aged about 43 years, m
working as Fire Engine Driver
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under respondent no. . 3,
permanent resident of Village-
Salay, Post Office- Kahpota,
Tehsil and District- Jammu (J &
K) Pin Code- 181224.
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/i 9. EAKESH SHARMA, son of Shri
Bal Krishna, aged about 38
years, working as Fire Engine
Driver under respondent no. 3,
permanent resident of Village-
Kharturi, Post Office- Kanyala,
Tehsil and District- Jammu (J &
K) Pin Code- 181224.
; 10. AMIT KUMAR, son of Shri
Ashok Kumar, aged about 37
years, working as Fire 'Man
under respondent no. 3,
permanent resident of Villahe
. Rampur, Post Office and Police
Station- Jamalpur, Distfict-
Mimger (Bihar) Pin 811214;'
11. KAIBDYA- PRADHAN, son of
Shri Pankaj Pradhan, aged, about
36 years, working as Fire Engine
Driver under respondent no. 3,
permanent resident of Village-
Chandi Prasad, Post Office-
Gunthuni, Tehsil- Khndpada,
'Police Station- Nayagarh
(Orissa) Pin Code- 752068.
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12. : KISHORE KUMAR
; ' MUZUMDAR, son of Shri
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Bhubon Mohan Mazumdar, aged
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about 42 years, working as Fire
Man under respondent no. 3,
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residing at Village - Kowgachi,
I Post Office- Shyam Nagar,
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Jagatdal, District- 24 Parganas,
West Bengal, Pin Code- 743127.
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/ 13. MANOJ KUMAR, son . of Shri
f Sinheswar Prasad Yadav, aged
about 34 years, working as Fire
Man under respondent no. 3, ■'?
permanent resident of Village-
Biraul, Post Office and Police
Station* Khajauli, District-
Madhubani (Bihar) Pin Code- .
847228.
14. SHAILENDRA KUMAR
YADAV, son of Shri. Nageshwar
Yadav, , aged about 29 years >
working "as Fire Man,, under
respondent no. 3, permanent
! resident of Village Jagatpur,
Post Office- Parshurampur,
Police Station Krishangarh,
District- Bhojpur (Bihar) Pin
Code- 802316.
15. : AMRENDRA KUMAR, son of.
Shri Parameshwar Yadav, aged
about 32 years, working as Fire
Man under respondent no. 3,
permanent, resident of. Village
and Post Office.Nadauli, District-. ;
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Deoria, Tehsil- Salempur, Police
Station- Lar (Uttar Pradesh) Pin
Code- 274502.
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16. PRAKASH SHA, son of Shri a
Hareram Sha, aged about 28 ii
years, working as Fire Man 1s
under respondent no. 3,
presently residing at Village. &
Post Office- Salugara, Police
Station- Bhagti Nagar, District .
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and Tehsil- Jalpaiguri (West
;/. Bengal) Pin Code- 734008.
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i 17. ' .CHANDRAJEET KUMAR
' YADAV, son of Shri Denanath
Yadav, aged about 28 years,
working as Fire Man under
respondent no. 3, permanent
resident of Village Gahla, Post
■ Office- Satraon, Police Station-
Mayil, Tehsil- Barahaj, Uttar
Pradesh, Pin Code- 274602.
18. BIRENDRA SINGH, son of Shri
Ranni Singh, aged about 30 ia#1
years, working as Fire, Engine
Driver under respondent no. 3,
permanent resident of Village
and Post Office- Kareeli, Tehsil
and Police Station- Nadbai,
District- Bharatpur.
19. RAJESH KUMAR, son of Late
Kishun Mistri, aged about 37
. years, working as Fire Man
under respondent no. 3,
permanent resident of Village-
Rajapur Akauna, Post Office and
Police Station- Nardiganj,
(Bihar) Pin Code- 805109.
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20. SANJAY RASAILY, son of Late
Prem 'Rasaily, aged about 36
;• 4
? years, working as Fire Man
under respondent no. 3, residing
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5 at Village and Post Office-
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Hadarpara, Police Station-
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k Siliguri, District and Tehsil-
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Jalpaiguri (West Bengal) Pin
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Code- 734006. [')
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21. DEBASIS GHOSH, _son of Shri
Sadhan Ghosh, aged about 42
years, working as Fire Man
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under respondent no. 3, residing
at Village and Post Office- Layek
Bandh, Police Station.
Bishnupur, District- Bnkura,
West Bengal, Pin Code- 722157.
22. DEV SINGH, son of Shri Madan
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Singh, aged about 38 years,
working as Fire Man under .
respondent no. 3, permanent • V.'
resident of Village and Post
Office- Aambagh, Police. Station
and Tehsil- Tanakpur, District
Champawat, (UK), Pin Code-
262309.
23. DEVENDRA KR.
CHAURASIYA, son of Shri
Brahmdev Chaurasiya, aged
about 29 years, working as Fire
Man under respondent no. 3,
permanent resident of Village
and Post Office- Ramchaura,
Police Station and Tehsil-
Campierganf yDistrict-
Gorakpur, Pin Code- 273158.
24. PARDEEP, son of Shri
Dharmvir, aged about 34 years,
working as Fire Man under
respondent no. 3, permanent
resident of Village' and Post
Office- Nayabans, Police Station-
Sampala, District- rohtak,
Haryana, Pin Code- 124501.
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25. RICHEN LAM, son of Shri
Pasang Lama, working as Fire
Man under respondent no. 3,
residing at Village Lower Sherpa
Busty, Post Officer. Kurseong
District- Darjeeling, ' West
Bengal.
26. DINESH CHANDRA,DAS, son of
Shri Brajendra Kumar Das,
working as Fire Engine Driver
under respondent no. 3, residing
at Village- Jotir Moy, Post Office
- Pally, Police Station- Banar
Hat, District- Jalpaiguri, West
Bengal.
27. JAY KUMAR, son of Shri
Kabindra Nath Tripathi,
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working as Fire Man under
respondent no. 3, permanent
resident' of Village Kailuchak,
Post Office Masaurhi District -
Patna, Bihar, Pin Code- 804452.
28. PAWAN KUMAR SINGH, son of
Shri Raghubar Singh, working
as Fire Man under respondent
no. 3, permanent resident of
Village Lakhisarai, English
Mphalla, Post Office and District
Lakshisaraj, Bihar, Pin Code-
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811311.
29. OM PRAKASH, son of Shri Har :*w/
Lai, working as Fire Man under 1
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respondent no. 3, resident of
Village Chelasi, Post Office-:
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Chelasi, District- Jhunjhunu,
(Raj), Pin Code- 33042.\ ;
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30. RAJNEESH SINGH, son of Shri
Hriday Narayan Singh, working
as Fire Man under respondent
no. 3, permanent resident of
Village Mohamadpur,' Post
Office- Balaipur, District-
Ajamgarh (Uttar Pradesh_ Pin
Code- 224166.
31. KULDEEP KR. RAINA, son of
Shri Dwarka Nath Raina,
working as Fire Engine Driver
under respondent no. 3,
permanent; resident of Village-
Opposite Shiv Mandir (Garhi)
District- Udhampur, Jammu and
Kashmir.
32. RANJAY KUMAR, son of Shri
Ram Sewak Sharma, working as .W^
Fire Man under respondent no.
3, permanent resident of Village
Dhobari, Post Office- JaitipUr,
District- Jahanabad, (Bihar) Pin
.Code- 804432.
33. SATNAM, son of Shri Chandan
Mohan, working as Fire Engine
• Driver, permanent resident of
Village- Gosainpur Post Office-
Pathanlot District- Pathankot
(Punjab) Pin Code- 145001.
34. MURARI KUMAR, son of Shri
Surendra Singh, working as Fire
Man under respondent no. 3,
permanent resident' of Village
Chintamani, Pur PO- Madrana,
District- Vaishali (Bihar) Pin
Code-844113.
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35. JEET RAM, son of Shri Labhu
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Ram, working as Hand Fire Man WM.
under respondent no. 3, fsStp
permanent resident of Village
Johian Post Office- Nandpur, .
District Bishhah (Jammu And
Kashmir) Pin Code- 181X44.
36. SAMIRAN GHOSH, son of Shri
S. M. Ghosh, working as LHF
under respondent no. 3, resident
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of Village- Vivekananda Pally, }
Post Office- Bagdogra, District-
Darjeeling, West Bengal- Pin
37.
Code- 734014.
HARIOM SINGH, son of Shri
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Yadram Singh, working as Fire
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man under respondent no. 3,
permanent resident of Village-
Umrari, Post Office- Dharampur,
District- Buland Sahar, Uttar
Pradesh, Pin Code- 202393.
38. BHOOPENDER SINGH, son of
Shri Bhopal Singh, working as
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Fire Man under respondent no.
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3, permanent resident of Village-
Kalwari Post Office- Dongraahir, l-ft '
District- Mohinder Garh (
Hariyana)
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39. RABISH KR. CHAUDHERY, son A
of Shri Raj Kumar Choudaery, i!
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working as Fire Man under
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respondent no. 3, permanent
resident of Village- Maheshpur
Post Office- Mirjan Hat, District-
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Bhagalpur (Bihar) Pin Code-
812005. »
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40. PRADEEP KR. SENAPATI, son
of Shri Prahalad Senapati,
working as Fire. JVIan under
respondent no. 3, permanet
resident of Village Sarapa P.O.
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Kankalu, District* Dhenakanal
(Orrissa) Pin Code* 759121.
41. ANIL KUMAR, son of Shri Sham
Lai, working as Fire Man under
respondent no. 3, resident of
Village-Subhari, District* Karnal
(Hariyana)
42. SANTOSH KUMAR, son of Shri
Ram Narayan, working as Fire
Man under respondent no. 3,
permanent resident of Village-
Madhenpura, Post Office- Bah,
District* Agra, (U.P.) Pin Code-
283104.
43. JAYANTA KUMAR NAYAK, son
of Shri Rasananda Nayak,
working as Fire Man . under
respondent no., 3, permanent
resident of Village- Madhepura,
Post Office Kangula, District-
Kangula ( Orissa) Pin Code-
759132
44. SURENDER KUMAR, son of
7-'
Hoshiyar Singh, working as Fire
Engine Driver under reSpoindent
no. 3, ' permanent resident of
Village- Balahakalan, Post
Office- BalahaKalan, District
Mohinder Garh (Hariyana), Pin
Code- 123001.
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45. SAJJAN LAL JAT, son of Shri
Goverdhan Lai Jat, working as SlWI
Fire Man under respondent no.
3, permanent resident of Village
Mukund Garh, District-
Jhunjhunu (Rajasthan) Pin
Code- 182126
46. VINAY KUMAR, son of Krishan
Lai, working as Fire Man under
respondent No. 3, permanent
resident of Village Old Work
Shop road Omara More
DistrictUdhampur (Jammu and
Kashmir)
j 47. LALU, son of Shri Manohar Lai
working as Fire Man under
respondent no. 3, permanent
resident of Village Meharn, Post
Office Meham District Rohtak
Hariyana, Pin Code- 124112
48. SUNIL KUMAR, son of Shri
Ram Chandra Singh, working as
Fire Man under respondent no.
3, permanent resident of Village
Jalilpur, Moolkata, Post Office-
Maheshra District JP Nagar
(UP) Pin Code- 244236
49. MANOJ, son of Shri Om
Prakash, working as Fire Engine
Driver under respondent No. 3,
resident of Village Samaspur,
Post Office- Charkhi Dadri
District Bhiwani (Haryana), Pin
Code- 127306
50. EUGINE MINJ, son of Shri
Margua Minj, working as Hand
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-Fire Man under respondent no. :
3, permanent resident of Village
Sahastram Jote P.O. Bagdogra,
District Darjeeling
51. SHIV SHANKAR PRASAD, son
of Shri Yogendra Prasad Yadav,
working as Fire Man. under
respondent no. 3, Permanent
Resident of Village Sipahigiri,
Post Office Mirjapur, district-
Madhubani (Bihar) Pin Code-
847232.
52. MApHURENDRA KUMAR, son
of Shri Ramesh Rao, working as
Fire Man, permanent resident of
Village *•» Katiya, P.O.-
Sahadatput, District- West
Champaran (Bihar). Pin Code-
845453.
53. KOMIT SAIBO, son of Shri
Kartiek Saibo, working as Fire
Man under respondent No. 3,
permanet resident of Village-
Mansarajote, Post Office- New
Chumta, District- Darjeeling,
West Bengal, Pin Code- 734009.
54. PABITRA MAJUMDER, son of
Shri Prabhat Mazumdar,
working as. Hand Fire Man,
resident of Village Dabgram-I
t
P.O- Rabindra Sarani, District-
Darjeeling.
55. A.P. JAISWAL, son of Late
Shivpujan Prasad Jaiswal,
working as Hand Eire Man,
residing at Village Howadavita,
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Post Office- Khoribari District
Khoribari, West Bengal.
56. RAJEEV YADAV, son of Shri
Suresh Singh Yadav, working as..
Fire man- under respondent No.
3, resident of Village 63/18A
Shatru Jeet Nagar Defence
Colony Post Office- Pratappura,
District - Agra Uttar Pradesh,
Pin Code- 282001.
57. BIKRAM SINGH, son of Shri
Kishbre Kumar, working as Fire
Man under respondent no. 3,
permanent resident of Village-
Joh Post Office- Joh District una
(Himachal Paradesh) Pin
177204.
••• Applicants.
AND
1. UNION OF INDIA, service
through the Secretary to the
Government of India, Ministry of
Defence, New Delhi-110011. : >'
2. THE COMMANDER, HQ
Eastern Command, PIN-908542,
....... . C/O-99 APO. 3. THE
• 3, GENERAL OFFICER
COMMANDING, 27 Mountain
DIV, C/O-99 APO, PIN-908427.
4. THE COMMANDANT, 27 DOU
PIN-909027, C/O-99 APO.
5 .THE OFFICER-IN-CHARGE,
Yathang Branch under 27MTN
DOU.
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6. THE OFFICER-IN-CHARGE,
Mensithang Branch . under
27MTN.DOU.
... Respondents.
The humble application of the
applicants above named --
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5
ifm.a. 350.00353.2020 with o.a. 350.00580.2020
CENTRAL ADMINISTRATIVE TRIBUNAL-
KOLKATA BENCH, KOLKATA
/
No. M.A. 350/00353/2020 Date of order: 9/9/2020
O.A. 350/00580/2020
Present Hon'ble Ms. Bidisha Banerjee, Judicial Member.
Hon'ble Dr. Nandita Chatterjee, Administrative Member
PAWAN KUMAR & ORS.
VS.
UNION OF INDIA & ORS. (DEFENCE)
For the Applicants Mr. A. Chokraborty, Counsel
Ms. P. Mondal, Counsel
For the Respondents None
ORDER (Oral)
Per Dr, Nandita Chatterjee, Administrative Member:
The applicants have approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 praying for the following relief:-
<1 r An order do issue directing the respondents to grant the opplioants the Compensatory Allowances including Special Compensatory AreasjAlldwances, Special Compensatory (Remote Locality) Allowances, Special (Duty) Allowances etc. and other related allowances for the period they served the respondents at high altitude hilly and Remote areas at Sikkim from 2008 and thereby grant all the arrears in favour of the applicants at an earliest along with all consequential benefits and interest accrued thereon.
(>') Grant ail consequenfiai benefits with a further direction upon the respondents to continue making such payment of Compensatory allowances as aforesaid on their movement to the Units at such high altitude hilly and Remote areas at Sikkim.
Costs of an incidental to this application..
(iv) Pass such further or other order or orders."
2. An M.A. bearing No. 350/00353/2020 has been preferred praying for liberty for jointly pursuing this Original Application. As the applicants share a common cause of action, common grievances as well as commonality of interest, liberty for joint prosecution is granted under Rule 4(5) (a)-of the Central Administrative Tribunal (Procedure) Rules, 1987.
Oc 16m.a. 350.00353.2020 with 0.9. 350.00580.2020 r - .y .r- The M.A. is disposed of accordingly, subject to payment of individual court fees.
3. Heard Ld. Counsel for the applicant. Affidavit of service is on record. Despite notice, none appears for the respondents. Hence, Rule:16(l) of CAT (Procedure) Rules, 1.987 is invoked-, and, this matter is taken, up for disposal at the admission stage.
4. The applicants would submit through their Ld. Counsel that they have all joined the Defence Fire Service and have been posted as Fire Engine Drivers and Fireman respectively with the office of Respondent No. 3: The applicants were detailed to be posted at AP. Yathang (at an elevation of 12700 ft.) and AP Menshithang (at an elevation of 6000 ft.), both Units being located at Sikkim for few months in each and every year from 2008.
The applicants are aggrieved that, although they have been discharging their duties at such high altitude stations, they were not provided'with any benefits or extended any allowances for working in remote localities in hilly areas, although their counterpart defence staff in' . Army have been recipient of such allowances and also- that compensatory allowances were also granted in favour of civilian staff.
Further, even after introduction of grant of Special Allowances for • serving in hilly areas and extreme weather conditions, the applicants have ■ been deprived of such benefits and compensatory allowances. The respondents have also not clarified the reasons, behind denial of such allowances to the applicants.
5. Accordingly, being aggrieved, the applicants preferred a- joint detailed representation on 28.7.2020 (Annexure A-4 to the O.A.) in which they had prayed for Compensatory Allowance including Special 4^ m.a. 350.00353.2020 with o.a. 350.00580.2020 Compensofory (Hill Areas) Allowances, Special Compensatory (Remote Locality) Allowances, Special (Duty) Allowances etc. and other related allowances in their favour for serving the hill and remote areas at Sikkim from 2008 onwards. As the respondents failed to decide on their representation, the applicants have approached, this Tribunal praying for. the aforementioned relief.
6. Ld. Counsel for the applicants, would, hence, urge that a direction be issued on the respondent authorities to dispose of such representation in a time bound manner. d'
7. We are of the view that as the representation is yet to be decided upon by the respondent authorities, no fruitful purpose would be served in keeping this matter pending or in calling for adjudication on merit.
8. Accordingly, we would direct the addressee respondent authority or any other competent authority, to decide on the representation dated 28.7.2020 at Annexure A-4 to the O.A., ifdreceived at their end; within a period of 16 weeks from the date of receipt of a copy of this order. The said respondent authority shall decide in accordance with law and convey his decision in the form of a reasoned and speaking order to the applicants forthwith thereafter.
9. With these directions, the O.A-. is disposed of. No costs.
M.A. bearing No. 350/00353/2020 is disposed of subject to.payment of individual court fees by the applicants.
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(Nandita Chatterjee) (Bidisha Banerjee)
Administrative Member Judicial Member
SR