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2019 Supreme(SC) 146

N.V.RAMANA, MOHAN M.SHANTANAGOUDAR
UNION OF INDIA THROUGH CABINET SECRETARY – Appellant
Versus
CAPTAIN GURDEV SINGH – Respondent


Advocates Appeared:
For Appellant(s) : Mr. Vikramjeet Banerjee,ASG Mr. Ayush Anand,Adv. Mr. S.S. Ray,Adv. Ms. Rekha Pandey,Adv. Mr. B. V. Balaram Das, AOR
For Respondent(s): Mr. Ashish Tiwari,Adv. Mr. Ashish Kumar Upadhyay,Adv. Mr. Y. Lokesh,Adv. Mr. Babul Kumar,Adv. Ms. Ruby Singh Ahuja, AOR Mrs. Manik Karanjawala, AOR

JUDGMENT :

MOHAN M. SHANTANAGOUDAR, J.

1. This appeal arises out of the final judgment and order dated 07.05.2007 passed by the High Court of Delhi in C.M. No. 12743/2006 in W.P. (C) Nos. 17184-17185/2004, allowing the application filed by the respondents herein for direction and clarification of the order of the High Court dated 22.11.2005.

2. Vide the judgment dated 07.05.2007 (henceforth “the impugned judgment”), the appellants herein, i.e. the Union of India and the Ministries of Defence, External Affairs and Finance, were directed to award parity between the Bhutan Compensatory Allowance payable to the Indian Military Training Team (in short, “the IMTRAT”) posted in Bhutan, and the Foreign Allowance payable to Indian diplomatic personnel serving in Bhutan under the Ministry of External Affairs, Government of India (in short, “the MEA”). It is relevant to mention here itself that the IMTRAT consists of Service Officers and Personnel Below Officer Rank (in short, “PBORs”).

3. The facts leading to the instant appeal are as follows:

The instant case revolves around the payment of compensatory allowances to three classes of personnel. The first category is that of personnel belonging to

































































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