Point of Law : Benefits/allowances mentioned in the order/letter was to be applicable to civilian officers of GREF posted to Dantak (Army/GREF), Bhutan, the petitioner could not have been denied the benefits/allowances provided therein.

JUDGMENT :

Heard Mr. D. Bora, the learned counsel appearing on behalf of the petitioner. Also heard Mr. R.K. Deb Choudhury, the learned A.S.G.I. for the respondents.

2. The petitioner, who is a retired civilian officer of the General Reserve Engineering Force (GREF), by way of this writ petition is seeking payment of enhanced rate of allowance, namely the Bhutan Compensatory Allowance (BCA). His further case is that he should have been given all the benefits/allowances that were listed in the Letter No. E.IV/551/9/2001 dated 21.11.2001 issued by the Ministry of External Affairs, Government of India, Northern Division (Bhutan Section).

3. The petitioner’s counsel submits that the petitioner was posted to HQ CE(P) Dantak, Thimpu, Bhutan vide posting order dated 07.06.2013 and the petitioner joined the said post as Joint Director (Admn.) on 26.07.2013. He remained in Dantak, Bhutan till May 2016. The petitioner has subsequently retired as Director (Admn.), GREF on 30.11.2021.

4. The petitioner’s case is that he was entitled to payment of BCA @ Rs.93,031/-per month in terms of the order dated 01.05.2012 issued by the Ministry of External Affairs, Northern Division. However, the petitioner was given BCA @ Rs.82,119/-per month in terms of the impugned letter dated 23.11.2012 issued by the Government of India, Ministry of Road Transport & Highways, Border Roads Development Board, even though the BCA payable to officers drawing Grade Pay of Rs. 6,600/-per month and above, but less than Rs. 8,700/-per month was Rs. 93,031/-per month, in terms of the order/letter dated 01.05.2012. The further grievance of the petitioner is that the various benefits/allowances which officers of the Central & State Government of India, who were deputed for service in Bhutan, were entitled to receive in terms of the letter dated 21.11.2001 was not given to the petitioner. The petitioner was provided only the benefit of leave which was provided in paragraph 11 of the letter dated 21.11.2001, by way of the Office Memorandum dated 16.12.2009 issued by the Ministry of External Affairs, Northern Division (Bhutan Section).

5. The petitioner’s counsel submits that the impugned letter dated 23.11.2012 provides for payment of BCA in accordance with the order/letter dated 01.05.2012 issued by the Ministry of External Affairs, Northern Division. Thus, even though the BCA payable to officers drawing Grade Pay of Rs. 6,600/-per month and above, but less than Rs. 8,700/-per month was Rs. 93,031/-per month, in terms of the order/letter dated 01.05.2012, the impugned letter dated 23.11.2012 has wrongly provided that the BCA payable would be @ Rs. 82,119/- per month. He also submits that the Government of India, Ministry of Defence had written a letter dated 04.07.2012, which provides that the BCA amounting to Rs. 93,031/-per month, payable in terms of the order dated 01.05.2012 issued by the Ministry of External Affairs, Northern Division would be applicable only to Defence Service officers and personnel below officer rank serving with the Border Road Project, Dantak in Bhutan. He submits that the said letter dated 04.07.2012 has given no reason for not including payment of BCA in terms of the letter dated 01.05.2012 to civilian officers of the Border Roads Project, Dantak in Bhutan, which includes the petitioner. He submits that the same being discriminatory, the same cannot be acted upon.

6. The counsel for the petitioner has also referred to the letter dated 07.01.2014 issued by the Deputy Secretary (Bhutan-Eco) & CPIO, Ministry of External Affairs, South Block (Room No.265), which is a reply to RTI questions and which states at paragraph 2(b) that the Ministry of External Affairs Office Order No.E-IV/235/3/2006 dated 01.05.2012 was applicable to all categories of officials posted to Dantak (Army/GREF) with regard to applicability of BCA. The counsel for the petitioner thus submits that the petitioner was to have been given BCA @ Rs.93,031/- per month during his stint at Dan