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4. The basic arguments in these cases hovered around the issue as to whether the applicants were / are paid their remuneration from the Regimental Fund and the respondents were asked to produce evidence in support of this averment. They filed affidavit and documents also which indeed shows that applicants are paid from the Regimental Funds collected on monthly basis from officers.

5. In view of the above, the preliminary issue, that requires to be thrashed out in these cases is as to whether the persons, who are paid out of Regimental Fund, are entitled to file O.A. under section 19 of Administrative Tribunals Act, 1985, for redressal of their grievance or not?

(OA No.063/00682/2017) "...it clearly indicates that the appointment is purely private payable out of the Regimental Fund. Initially, these dhobis were being paid at a particular rate per cadet on the basis of the actual number of cadets a dhobi is required to serve, but later on, a monthly salary, no doubt, has been fixed for being paid to such dhobis. The terms of appointment, no doubt, vest certain control over such dhobis on the Commandant of the Academy but nonetheless such control cannot impress the post of dhobis with the character of a civil post. It is also borne out from the record that each cadet is granted a monthly dhobi allowance and the said allowance is put into a fund called the "Regimental Fund" under the management of the Commanding Officer of the institution. At this stage, it would be appropriate to notice some provisions of the Defence Services Regulation which would give an idea as to the characteristic of the Regimental Fund. Under para 801 of the Regulation, public funds have been defined as such:

"801. (a) Public funds. Include all funds which are financed entirely from public money, the unexpended balances of which are refundable to the Government in the event of not being devoted to the objects for which granted, and also

(i) unissued pay and allowances;

(ii) office allowance fund; and

(iii) the estates of deceased men and deserters."

4. Para 801(b) defines "Regimental Fund" to mean comprising all funds, other than public funds, maintained by a unit.

5. Para 820 provides for administration of such Regimental Fund and para 820(a) clearly indicates that all funds other than public funds as defined in para 801 maintained by a unit, which are financed either wholly or partly from public money. The Regulation further provides that the Commanding Officer acts as a trustee in relation to the "Regimental Fund" and is responsible that the Funds are properly applied with special reference to the object of the Fund and for the benefit of the personnel or unit as a whole.

" Mr Goswami, the learned Senior Counsel appearing for the Union of India strongly relied upon the judgment of this Court in Union of India v. Chotelal wherein the question for consideration was whether dhobis appointed to wash the clothes of cadets at NDA at Khadakwasla, who are being paid (OA No.063/00682/2017) from the regimental fund, could be treated as holders of civil post within the Ministry of Defence. This Court answered in the negative because the regimental fund was held not to be a public fund as defined in para 802 of the Defence Services Regulation. Payment to such dhobis out of the regimental fund and the character of that regimental fund was the determinative factor."