The denial of Dress Allowance to the applicant, while granted to similarly situated employees, violates Articles 14 and 16 of the Constitution, necessitating equitable treatment.

ORDER (ORAL)

PER: MRS. RASHMI SAXENA SAHNI, MEMBER (A)

1. Present original application has been filed by the applicant under Section 19 of the Administrative Tribunals Act , 1985, seeking following relief:-

II. That the directions be issued upon the Respondents to consider the case of the Applicant for grant of Dress Allowance w.e.f. 2017 onwards till date, in view of the judgment passed by this Hon’ble Tribunal in bunch of cases vide order dated 05.06.2020 in OA No. 060/01228/2019 titled as MES No. 372437, Gurmit Singh and Others Versus Union of India and Others and in terms of Office Memorandum dated 02.08.2017 (Annexure A-1) issued by the Ministry of Finance, Department of Expenditure, New Delhi and Office Memorandum dated 31.08.2017 (Annexure A-2) issued by the Department of Personnel and Training (DoP&T).

III. That the Respondents be directed to frame a Policy for grant of Dress Allowance to all the eligible employees, so that the benefits may be granted to all the eligible employees without any discrimination and delay.

2. Brief facts of the case are that the applicant is Industrial Employees and is working as Mate (SSK) with the Respondent No.5 and under the overall control of Respondent No.3. Prior to implementation of recommendations of 7th CPC, the Industrial employees like applicant were provided Dangri (Dress) yearly and Washing Allowance per month. But on the recommendation of 7th CPC, the Respondents stopped providing the same to the employees like Applicant. The Washing Allowance was given to the Applicant till March, 2017 and providing Dangri was Stopped to them w.e.f. 01.01.2016. The Government of India, Ministry of Finance issued Office Memorandum dated 02.08.2017, whereby, a decision was taken and existing orders relating to uniform related Allowance, Clothing Allowance, Initial Equipment Allowance, Kit Maintenance Allowance, Robe Allowance, Robe Maintenance Allowance, Shoe Allowance, Uniform Allowance and Washing Allowance were subsumed in a single Dress allowance amounting to Rs. 5000/-. The aforesaid O.M. was operative w.e.f. 01.07.2017 (ΑΝNEXURE A-1). Subsequently, the Government of India, DOPT issued Office Memorandum dated 31.08.2017, whereby, all the existing orders relating to admissibility of Uniform Allowance/ Washing Allowance/ Stitching Charges/ Shoe Allowance etc. to common categories of Group-C and erstwhile Group-D employees of various Ministries/Department including attached/subordinate officers who are given uniform and required to wear them regularly, they shall be paid Dress Allowance @ Rs.5000/- per year. In para 2 of the aforesaid O.M. it has been clearly mentioned that the Uniform Allowance/Washing Allowance/Stitching Charges/Shoe Allowance etc. have been subsumed in Dress Allowance. Since, the Applicant was supplied Dangri and paid Washing Allowance; therefore, he was entitled to Dress Allowance (ANNEXURE A-2).

3. In pursuant to Office Memorandum dated 02.08.2017 and 31.08.2017, the Respondent No. 4 vide letter dated 05.06.2018 issued clarifications, wherein, it has been mentioned that the benefit of Dress Allowance as per DOPT O.M. dated 02.08.2017 may be extended to the civilians of MES including the Industrial Personnel (ANNEXURE A-3). The Respondent no. 4 vide circular dated 02.08.2018, directed all the Sub Officers to grant Dress Allowance to the employees (Industrial/Non-Industrial) who are wearing Uniform and/or drawing Washing Allowance. In the aforesaid Circular, it has been mentioned that the Dress Allowance is applicable w.e.f. 01.07.2017 (ANNEXURE A-4).

4. The similarly situated employees filed Original Applications for grant of Dress Allowance and this Tribunal in bunch of Original Applications vide order dated 05.06.2020 in OA No. 060/01228/2019 titled as MES No. 372437, Gurmit Singh and Others Versus Union of India and Others . The Applicant was getting Dangri and Washing Allowance and Washing Allowance was merged /subsumed as Dressing Allowance by the Government Of India v