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As regards the payment of Special Duty Allowance to the defence civilian personnel deployed at the border area for support of operational requirement, they face the imminent hostilities supporting the army personnel deployed there. Necessarily, they alone require the double payment as ordered by the Government but they cannot be deprived of the same since they are facing imminent hostilities in the hilly areas risking their lives as envisaged in the proceedings of the Army dated January 13, 1994. But the Modified Field Area, in other words, in the defence terminology, "barracks" in that area is a lesser risking area; hence they shall not be entitled to double payment. Under these circumstances. Mr. P.P. Malhotra is right in saying that the wordings of the order requires modification. The Government is directed to modify the order and issue the corrigendum accordingly."

As regards the payment of Special Duty Allowance to the defence civilian personnel deployed at the border area for support of operational requirement, they face the imminent hostilities supporting the army personnel deployed there. Necessarily, they alone require the double payment as ordered by the Government but they cannot be deprived of the same since they are facing imminent hostilities in hilly areas risking their lives as envisaged in the proceedings of the Army dated 13.1.1994. But the Modified Field Area, in other words, in the Defence terminology, "barracks" in that area is a lesser risking area; hence they shall not be entitled to double payment. Under these circumstances, Mr. P.P. Malhotra is right in saying that the wording of the order requires modification. The Government is directed to modify the order and issue the corrigendum accordingly."

33. Here, one aspect is worth mentioning. It would appear from the Government letter dated 16.3.1998 that the Government had omitted to consider the specific direction of the Supreme Court contained in the last part of Para 6 in regard to the modifications of the order dated 17.4.1995. The direction in Para 6, as we understand, is that instead of giving double payment to the Defence Civilians serving in the Modified Field Area which is a lesser risky area it must be given to the Defence Civilians working in the Field Area as they face imminent hostilities supporting the Army personnel deployed there. The double payment mentioned in the judgment of the Supreme Court, it must be noted, are Special Duty Allowance and Special Compensatory (RL) Allowance which is continued in the cases of Defence Civilians in the newly defined Modified Field Area. No modification to the above effect is seen made.