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2025 Supreme(Online)(CAT) 4134
CENTRAL ADMINISTRATIVE TRIBUNAL
Urmita Datta, Mr. Suchitto Kumar Das, JJ
Shri Thirunavakkarasu, PC – Appellant
Versus
Union of India – Respondent
O.A. 351/1011/A&N/2023
For the Applicant: Mr. Bharat Bhusan
For the Respondents: Dr. D. Chowdhury
The court determined that the applicant, as a member of the Police Fire Service, is entitled to receive Compensatory Allowance consistent with other non-gazetted police personnel as per established regulations.
Headnote:(A) Administrative Tribunals Act, 1985 - Section 19 - Compensatory Allowance - Applicant challenging the stoppage of Compensatory Pay since 2013, which was granted prior as per Ministry’s Circular - Respondents contended lack of approval for such payment, along with qualitative differences in duties between Police & Fire Personnel. Tribunal highlights the equality of service roles justified under rules and orders issued by Ministry of Home Affairs. Final directive to restore allowances deemed appropriate. (Paras 1, 2, 21, 22)
(B) Discrimination - Argument lied in unjust cessation of allowance despite applicability of benefits to the role of applicant within the established service framework of Andaman and Nicobar Police, noting lack of valid reasons for discontinuation. (Paras 16, 19, 21)
| Table of Content |
|---|
| 1. applicant seeks restoration of compensatory allowance. (Para 1 , 2 , 3) |
| 2. defendant's arguments hinge on approvals and distinctions in service responsibilities. (Para 4 , 5 , 17) |
| 3. court evaluated grounds for allowance based on historical framework and service integration. (Para 18 , 19) |
| 4. final directive aimed at equity in treatment regarding allowances. (Para 21 , 22) |
ORDER
UrmitaDatta (Sen) Judicial Member:
The instant O.A. has been filed under Section 19 of Administrative Tribunals Act, 1985 seeking the following reliefs:-
“a) To quash and/or set aside the impugned order F. No. U- 14040/20/2018-A & L (PT), dated 07.06.2023 issued by the office of the respondent no. 1 to 3.
(b) Direction upon the respondents to restore the benefit of compensatory pay in light of the circular no. U-14026/6/79-ANL dated 09.08.1979 which was conferred to the applicant and the payment of compensatory pay was provided till 2013.
(c) Direction upon the respondents to release the arrear amount of compensatory pay calculating from 15.04.2013 (date of stoppage) till the payment of the same along with penal interest @ 12% per annum.
(d) Costs of the legal proceedings may be recovered from the respondents.
(e) Production of records of the instant case before this Hon’ble Tribunal.
(f) Any other or further order as your Lordships may deem fit and proper.”
2. The applicant in the instant O.A. is working as Constable Driver posted at Police Fire Service Headquarter. His service is governed by Andaman and Nicobar Police Manual, 1963. Main grievance of the applicant is that he was receiving Compensatory Allowance in accordance with Ministry of Home Affairs’ orders till 2012 and suddenly it was stopped in the year 2013.
3. The applicant had filed representation to the authority concerned for restoring his Compensatory Allowance, but to no avail. Aggrieved with such non- cooperation from the respondents, he had filed several Original Applications before this Tribunal, which were disposed of with certain orders. Finally he filed Original Application No.351/582/2021 before this Tribunal praying for Compensatory Allowance as was granted to other similarly circumstanced non- gazetted Police Personnel of A&N Administration with all consequential benefits. This Tribunal vide order dated 10.05.2022 in O.A.No.351/582/2021 has given liberty to the applicant to establish his claim on the basis of qualitative and quantitative similarity between the work of Fire Service Personnel and other cited categories of Police Personnel in Andaman and Nicobar Administration by way of filing a representation and further directed the competent authority to decide the claim of the applicant strictly in the light of the judgments of Hon’ble Apex Court in case of T. Venkateswarulu v. Tirumala Tirupati Devasthanams , (2009) 1 SCC, 546 and State of Orissa v. Balaram Sahu and Others , 2003(1) SCC 250 and convey the decision to the applicant in the form of a speaking order.
4. Pursuant to the aforesaid order of this Tribunal dated 10.05.2022 in O.A.No.351/582/2021, the applicant made a representation to the authority concerned on 27.06.2022 which was decided by the respondents by passing a speaking order dated 07.06.2023 stating that there exist qualitative and quantitative differences in the functions and responsibilities of the Police and Fire Personnel of Andaman and Nicobar Administration, therefore, the applicant is not entitled to get Compensatory Allowance. Aggrieved by the said impugned order, the applicant has approached this Tribunal seeking the aforesaid reliefs.
5. The respondents have filed written reply denying the claim of the applicant. In the reply, the respondents have stated that in terms of the letter No.U- 14026/6/79-ANL dated 09.08.1979 issued by the Ministry of Home Affairs, non- gazetted officers/personnel of all units of Andaman & Nicobar Police Department including the Andaman and Nicobar Police Fire Service Personnel were given the Compensatory Pay from
