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2010 Supreme(J&K) 23
IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR
Hakim Imtiyaz Hussain,Gh. Hasnain Massodi, JJ.
Mohd. Yousuf Mir - Appellant
Versus
Union Of India & Ors. - Respondent
SWP No. 1492/2004 & IA No.47/2009
Decided On : 03 February, 2010
Advocate For Appellant: S.T. Hussain
Advocate For Respondent: S.A. Makroo
The judgment established the reasonableness of classification, the non-monetary nature of Field Service Concession, and the lack of entitlement to ration allowance in lieu of free ration.
Headnote:
Field Service Concession - Defence Civilian Employees - Ministry of Defence (MOD) letter dated 02.03.1963, MOD letter dated 25.01.1964, MOD letter dated 2.3.1968, MOD letter dated 18.02.1986, Government letter dated 13.01.1994, MOD letter dated 31.1.1995, Corrigendum dated 12.9.1995, order dated 01.09.2002, MOD letter dated 16.09.2004 - The court discussed the classification of 'Field Areas' and 'Modified Field Areas' and the entitlement of Defence Civilian Employees to free ration and ration allowance. The judgment highlighted the reasonableness of the classification, the non-monetary nature of Field Service Concession, and the lack of entitlement to ration allowance in lieu of free ration.
Fact of the Case:
The Government extended facilities to Defence Civilian Employees in forward areas, including free ration. The classification of areas into 'Field Areas' and 'Modified Field Areas' led to the denial of free ration to employees in Modified Field Areas. The petitioners challenged the denial of free ration and ration allowance, claiming violation of their rights.
Finding of the Court:
The court found the classification reasonable and not violative of the right to equality. It held that Field Service Concession is non-monetary and not part of wages. The court also rejected the claim for show cause notice and recovery of ration allowance paid in error, citing precedents.
Issues: The issues included the classification's compliance with constitutional rights, the nature of Field Service Concession, entitlement to ration allowance, and recovery of erroneously paid allowances.
Ratio Decidendi: The court upheld the reasonableness of the classification, the non-monetary nature of Field Service Concession, and the lack of entitlement to ration allowance in lieu of free ration. It also cited precedents to reject the claim for recovery of erroneously paid allowances.
Final Decision: The court declined the prayer for a writ of certiorari but commanded the respondents not to implement MOD letter dated 16.09.2004 or make recovery of the ration allowance paid to the petitioners.
1. The Government of India in the year 1963 decided to extend facilities available to the combatants in the forward areas to "Defence Civilian Employees" working with the combatants in such areas. As a follow up to the above decision, vide Ministry of Defence (MOD for short) letter dated 02.03.1963, followed by MOD letter dated 25.01.1964 the concessions called "Field Service Concession" (FSC for short) till then only available to the Armed Forces, were extended to the "Defence Civilian Employees". The concessions included free ration to the beneficiaries. The decision to make available free ration and other FSC to non-combatants in the said areas came to be reviewed from time to time. MOD letter dated 2.3.1968 further detailed and specified the FSC in the appendix attached to it. The FSC were further extended vide MOD letter dated 18.02.1986. In the year 1994 review and re-classification of the "Field Areas" was made and vide order dated 13.01.1994 "Field Areas" were divided into two categories "Field Areas" and "Modified Field Areas". The areas where troops are deployed near the borders for operational requirements with greater imminence of the hostilities and grave risk to their lives, were classified as "Field Areas". The "Modified Field Areas" on the other hand, included the areas where the troops are deployed in an operational support or, in other words, to support the troops deployed near the borders for operational requirements. In the "Modified Field Area" degree of operational readiness is little lower than in the Field Area. The Government after re-classifying the Field Areas as "Field Areas" and "Modified Field Areas" vide Government letter dated 13.01.1994, vide MOD letter dated 31.1.1995, as modified by Corrigendum dated 12.9.1995, specified the "Field Service Concession" to the Defence Civilian Employees serving in the "Field Areas" and "Modified Field Areas". It was provided that the Defence Civilian Employees serving in "Modified Field Areas" will continue to be extended "Field Service Concession" specified in appendix "B" to the Government letter dated 02.03.1968. The direction embodied in Government letter dated 13.01.1994 were to come into force with effect from 08.04.1993. The appendix "B" to the Government letter dated 02.03.1968 did not include free ration as a Field Service Concession. The net effect of re-classification of Field Areas and the consequent specification of the benefits of the "Field Service Concession" made available to the "Defence Civilian Employees" serving in Field Areas and Modified Field Areas, is that whereas the "Defence Civilian Employees" serving in Field Areas continue to get free ration, the concession is no more available to "Defence Civilian Employees" serving in Modified Field Areas. The Government gave a re-look to the Field Service Concession in the year 2000 and while consolidating the concession available to the "Defence Civilian Employees" working in Field Areas and the Modified Field Areas, specified the FSC to be available to the "Defence Service Employees" serving in the said areas.
The "Defence Civilian Employees" serving in Field Areas were to get free ration on the scale applicable to the combatants of the Army or Air Force, as a case may be, and fuel, free tented/basha accommodation, free clothing etc., whereas "Defence Civilian Employees" serving in Modified Field Areas were given the concession of free remittance to the family, two postage free forces letters per individual per week, retention of family accommodation etc. In terms of order dated 01.09.2002 the "Defence Civilian Employees" serving in "Modified Field Areas" are not to get free ration, available to their counter parts working in Field Areas. It appears that the "Defence Civilian Employees" serving in forward areas, which were later categorized as "Field Areas" and "Modified Field Areas", were allowed till 2000 A.D. to draw "Ration Allowance" in lieu of free ration. It was later real
