UNION. OF INDIA AND ORS. versus EXECUTIVE OFFICERS ASSOCIATION GROUP C

Citation: [1995] 2 S.C.R. 276 · Decided: 23-02-1995 · Supreme Court of India · Bench: S.C. AGRAWAL · Disposal: Appeal(s) allowed
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Judgment (excerpt)

A 
B 
c 
D 
UNION. OF INDIA AND ORS. 
v. 
EXECUTIVE OFFICERS ASSOCIATION GROUP 'C' 
FEBRUARY,.23, 1995 
[S.C. AGRAWAL AND FAIZAN UDDIN, JJ.) 
Service Law-Allowances-Special Duty Allowance for service in 
North-Eastern Region-Entitlement of officers belongi.'ng to said region-Held: 
Not entitled to. 
· An office memorandum issued by the Government of India, Ministry 
of Finance provided for Special Duty Allowance for Central Government 
employees who had all India transfer liability. The allowance was provided 
on the recommendation of a Committee in order to attract and retain the 
services of competent officers in the North-Eastern Region. 
An Association of Group "C" Inspectors of Customs and Central 
Excise, Shillong alleging that they had all 'India transfer liability under the 
Central Excise and Land Customs Department Group (C) Posts Recruit-
ment Rules, 1979 claimed the Special Duty Allowance. The Central Ad~ 
E ministrative Tribunal ordered payment of the allowance. The Union of 
India challenged the order contending that the respondents were not 
entitled to the allowance as they belonged to the North-Eastern Region 
itself and were recruited and posted to the said region. 
Allowing the appeal, this Court 
HELD : The words "attractinr and retaining in service" in the 
opening part of the office memorandun were very significant and suggested 
only competent officers belonging to a region other than the North-Eastern 
Region. The intention and spirit behind the office memorandum was to 
G provide an incentive and attraction to competent officers belonging to 
regions other than the North-Estern Region to go and serve in the Nortb-
Eastem Region which was considered a bard zone. (280-B-C] 
Chief General Manager (Telecom) v. S. Rajender C.H. Bhattacharjee 
and Ors., JT (1995) 1 SC 440 and Union of India v. S. Vijaya Kumar and 
H Ors., JT (1994) 6 SC 443, relied on. 
276 
,, 
( 
~ 
U.0.Lv. EXECIJTIVEOFF1CERSASSN.[FAIZANUDDIN,J.) 
277 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 3034 of A 
1995. 
From the Judgment and Order dated 28.5.93 of the Central Ad-
ministrative Tribunal, Guwahati Bench in O.A. No. 172 of 1991. 
N.N. Goswamy, S.D. Sharma, V.K. Yerma and D.S. Mehra for the 
Appellants. 
Kfishnamurthi Swami for the Respondents. 
The Judgment of the Court was delivered by 
FAIZAN UDDIN, J. 1. Delay condoned. 
2. Leave granted. The counsel for parties are heard. 
3. This appeal has been directed' by the appellants aginst the judg-
ment dated May 28, 1993 passed by the Central Administrative Tribunal, 
Guwahati Bench (hereinafter referred to as Tribunal) in O.A. No. 172 of 
1972. By the said judgment the Tribunal held that the respondents are 
entitled to Special Duty Allowance in terms of Office memorandum dated 
December 14, 1983 with effect from the date specifically indicated in the 
said Office Memorandum and directed the appellants herein to pay and 
clear the Special Duty Allowance to the respondents herein within 90 days 
from the date of receipt of copy of the judgment in respect of the arrears 
d~e and to release the current Special duty Allowance with effect from the 
month of June, 1993. 
4. The respondent No. 1 is an Association of Group (C) Inspectors 
of Customs and Central Excise under the Collectorate of Customs and 
Central Excise, ShiUong and respondent Nos. 2 and 3 are its President and 
General Secretary respectively. The respondents approached the Tribunal 
claiming Special Duty Allowance on the strength of Office Memorandum 
No. 20014/2/83-E.IV dated December 14, 1983 and the Office Memoran-
dum No. 20014/16/86.IV/E.Il(B) dated December 1, 1988 issued by the 
Ministry of Finance, Government of India. The respondent-Assocation 
claimed that its members have all India transfer liability under the Central 
Excise and Land Cus_toms Department Goup ( C) Posts Recruitment Rules, 
1979 which were applicable to its members and in pursuance of which three 
B 
c 
D 
E 
F 
G 
H 
278 
SUPREME COURT REPORTS 
(1995) 2 S.C.R. 
A of its members had been transferred and one Smt. Lisa L. Rynjan of 
Shillong had been posted at Goa under the said recruitment Rules and, 
therefore, they are eligible and entitled to claim Special Duty Allowance. 
The appellants herein opposed and contested the aforesaid claim of the 
respondents before the Tribunal. The appellants took the defence by 
B stating that the Office Memorandum No. 20014/3/83.E/IV dated April 20, 
1987 had clarified that the Special Duty Allowanc
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