The court established that the denial of Special Casual Leave benefit to the petitioners, similar to the treatment given to Army personnel, amounted to discrimination under Article 14 of the Constitution of India.

JUDGMENT

Neena Bansal Krishna, J. The petitioners who are holding various positions in Group B and Group C category in General Reserve Engineer Force (GREF) under Ministry of Defence, Government of India, by way of this Writ Petition under Article 226 of the Constitution of India, 1950 have sought issuance of directions to set aside Office Order dated 12.02.2021 and to regularize the period of absence due to COVID-19 Pandemic which may be treated as on duty, for all purposes.

2. The facts in brief are that the petitioners pursuant to a bilateral Trade Agreement between Government of India and Government of Bhutan were granted deputation and posted on foreign assignment to execute major projects relating to Roads, flyovers and airports in Bhutan. As a practice, the period of assignment to foreign country is two years. Additionally, the employees on special assignment to Bhutan are eligible to get Bhutan Compensatory Allowance (BCA) in addition to their usual entitlements. Because there are extra monetary benefits attached to this foreign assignment, the selection for BCA tenure is strictly based on a specific procedure which is carried out in an equitable manner, the selection criteria being the credentials, ability, medical status and grading in APAR as well as seniority. As per practice, an employee is entitled to get the foreign assignment in Bhutan only once in its career.

3. The petitioners were duly selected for foreign assignment to Bhutan under BCA tenure and were sent for execution of projects in Bhutan during the year 2018-19. The petitioners were entitled to avail Casual Leave of fifteen days on sanction during their assignment period and were not deprived of the benefit of BCA during this authorized and sanctioned casual leave period. However, in case of other leave of a period less than 60 days, BCA will be reduced by 50% for the period of leave. If the leave period is beyond 60 days, BCA was not payable.

4. The petitioners herein while on assignment in Bhutan, availed casual leave to visit their families in India. The exact dates of the leave availed by the petitioners is reflected as under:

5. The entire world came under the wrath of Covid-19 Pandemic bringing the entire world to a standstill. The Royal Government of Bhutan declared a complete lockdown across Bhutan in the wake of Covid-19 Pandemic from 05.03.2020. In the mean while, a nationwide lockdown from 24.03.2020 was announced by Government of India. On account of the national lockdown, oral directions were issued by the respondents restraining the petitioners to enter Bhutan for re-joining the BCA tenure duty. The petitioners were therefore, stranded in their respective home towns and were unable to return to Bhutan on the expiry of their sanctioned leave. On account of the communication received by