JUDGMENT

FAIZAN UDDIN, J. :- Leave granted.

2. Arguments of the learned Counsel for the parties heard.

3. The short question that arises for consideration in this appeal is whether the transfer of a civilian employee of the Central Government serving in the States and Union Territories of North-Eastern region, to a station of their choice as far as possible, is a condition applicable even to those officers and employees who belong to that region itself and are appointed and posted at any station within that region by virtue of the office memorandum No. 20014/283-E.IV dated 14-12-1983, the relevant part of which read as under:

"The need for attracting and retaining the services of competent officers for service in the North-Eastern Region comprising the States of Assam, Meghalaya, Manipur, Nagaland and Tripura and the Union Territories of Arunachal Pradesh and Mizoram has been engaging the attention of the Government for some time. The Government had appointed a Committee under the Chairmanship of Secretary, Department of Personnel and Administrative Reforms, to review the existing allowances and facilities admissible to the various categories of civilian Central Government employees serving in this region and to suggest suitable improvements. The recommendations of the Committee have been carefully considered by the Government and the President is now pleased to decide as follows office (sic) :

(1) Tenure of posting/deputation

There will be a fixed tenure of posting of 3 years at a time for officers with service of 10 years or less and 2 years at a time for officers with more than 10 years of service. Periods of leave training etc. in excess of 15 days per year will be excluded in counting the tenure period of 2/3 years. Officers on completion of the fixed tenure of service mentioned above, may be considered for posting to a station of their choice as far as possible.

The period of deputation of the Central Government employees to the States/Union Territories of the North-Eastern Region will generally be for 3 years which can be extended in exceptional cases in exigencies of public services as well as when the employee concerned is prepared to stay longer. The admissible deputation allowance will also continue to be paid during the period of deputation so extended.

(ii) . . . . . . . . . . . . . . .

(iii) Special (Duty) Allowance

Central Government civilian employees who have All India transfer liability will be granted a Special (Duty) Allowance at the rate of 25 per cent. of basic pay subject to a ceiling of Rupees 400/- per month on posting to any station in the North-Eastern Region. Such of those employees who are exempt from payment of income-tax will, however, not be eligible for this Special (Duty) Allowance. Special (Duty) Allowance will be in addition to any special pay and/or deputation (Duty) Allowance already being drawn subject to the conditions that total of such Special (Duty) Allowance plus special pay/P.M. Special Allowance like Special Compensatory (Remote Locality) Allowance. Construction Allowance and Project Allowance will be drawn separately."

4. The respondent No. 1 was originally appointed as Wireless Operator in the department of Post and Telegraph in the year 1964 and posted at Bandilla in the State of Arunachal Pradesh and thereafter he has been working ever since in the North-Eastern region of India and presently posted as Assistant Engineer at Dimapur. The detail of his postings at various places in the North-Eastern region is set out herein below.

YEAR OF POSTING PLACE OF POSTING

1. 1964 Bemdila as Wireless Operator

2. 1965 Agartala as Wireless Operator

3. 1967 Lungleh (Mizoram) - do -

4. 1968 Guwahati - do -

5. 1969 Agartala - do - Supervisor

6. 1971 Aizawl as Engg. Supervisor

7. 1973 R. K. Pur

(Udaipur Tripura State) - do -

8. 1978 Agartala - do -

9. 1983 Tura

(Garo Hills, Meghalaya) -do -

10. 1984 Agartala - do -

11. 1-5-87 to 17-1-90 Agartala as SDO Telegraphs

12. 18-1-90 to 23-10-90 Shillong as A.E.

13.