Allowance
No. Pay//84/Dress
Office of the PCDA(A)
Jammu
Narwal Pain Satwari
Dated: 12/11/2024
To
The CGDA,
Ulan Batar Road,
Palam, Delhi-10
Hussan Paul V/S UO
& others
MES No.509825 Sh.Ghulan
titied
Subject: OA No.599/2024:
UT of J&K.
before CAT Srinagar Bench,
861 EWS through AO GE
from GE
of Dress Allowance received
Case regarding release
seeking clarification from HQr
office:
861 is forwarded herewith for
granted the benefit of
that the applicants were
connection, it issubmitted
Inthis with
subsequently were recovered
2018-19 and 2019-20 and
Dress Allowance for the year personnel of
to industrial
regarding payment of Dress Allowance
the piea that "the decision
MES S pending with MOD"
& retired) of GE 861 EWS have filed an
Now all the applicants (36 employees serving
Bench, Srinagar for refund of the Dress
OA No. 599/2024 dated 18/09/2024in CAT
for additional paymnent of Dress
Allowance recovered tilI 2018 and further claiming
the OA CAT Srinagar has directed the
date/date of retirement. On
Allowance till
law within a
and speaking order in accordance with the
respondents for passing a reasoned
of receipt of certified copy of the
order.
period of two months from the date
EWS AO GE 861 for commnents to enable
Copy of the order was sent by GE 861 to
hem to prepare Draft Counter Affidavit for submission of the same to their HQr for vetting
which has been received in this office through A0 GE 861 EWS for guidance.
pertinent to mention that a similar case vide OA No. 61/1608/2022 for payment
It is
was filed by GE 873 employee Rajeshwar Rana and others in CAT Jammu on 09/08/2023 and
the Hon'ble CAT jammu held the applicants entitled for dress allowance and the same was
conveyed by MOD to E-in-C on 31/07/2024 for implementation of the same after which the
as charged expenditure on Provisional Sanction accorded
payment was made by this office
by Competent Authority.
in view of above, the clarification regarding applicability of Dress Ailowance Vide GOi
Min of Personnel, Public Grievances and Pensions, DOPT letter No. F.No.41/4/2015-JCA
dated 31/08/2017 to industrial
oersons is reauested. As the
refund is based on CAT
"iudgement, theretore this would
requ:re charged €Xpenditure
been done in earlier case Sanction from CFA as has
mentioned above. Please advise further
course of action.
PCDA has seen.
Sdx
(Randhir Singh)
ACDA (Pay)
Copy to:
O.1/C., Legal Cell
For Info, piease.
(Local) :
AO GE 861 EWS, it may be seen that since
all previous
C/O 56 APO
payments on this account has been
made based on Court Judgements and
after Sanction of MOD as
obtaining
charged expenditure Sanction. The unit
may be advised to take action
accordingly after due consultation and
advise irom the Standing Councii
legal
and seek time extension from the
Hon'ble CAT to merit decision from
fMOD/HQrsoffice.
Sr. Accounts Officer (Pay)
Headquarters
Chief Engineer
Northern Command
Pin -914 698
Clo 56 APO
Nov2024
31 Zone/ ILC
41799/CAT/CE
MES No 509825
Shri Ghulam Hassan Paul
Mate FGM,
Slo Mohd Ramzan Pal,
Olo GE 861EWS
(Through HE 861 EWS)
"DRAFT"
TO CHALLENGE OF ORDER OF RECOVERYBY
SPEAKING ORDER IN COMPLIANCE AGAINST OA NO 599/2024 FILED
AND STOPPAGE OF DRESS ALLOWANCE & OTHERS AT
HASSAN PAUL & OTHERS VS UOI
MES-509825, SHRIGHULAM
CAT SRINAGAR BENCH
applicants to GE
filed by yourself along with other
1. Reference to representation of the 7n Pay
implementation of recommendation
861 EWS dated 03 Jul 2024 seeking
amount.
on dress allowance and for refunding the recovered
Commission
were granted dress allowancefor
2 along with other applicants
WHEREAS yourself
GE 861 EWS and subsequently were recovered with
the year 2018-19 and 2019-20
by
allowance to industrialpersonnel
the plea that "the decision regarding
payment of Dress
received from audit authorities
pending with MoD", as per
the instructions
of MES is
vide letter No AGE 861 EWS-24/Misc dt 20 Jul 2019.
applicants have filed OA No 599/2024
3 nowW yourself along with other
WHEREAS 2024 in the CAT
challenging the recovery and
stoppageof dress allowance on 13 Sep
disposed ofby the CAT Srinagar on 18 Sep 2024
Srinagar wherein the case has been order in
passing a reasoned and speaking
with directions to the respondent for
receipt of
two months from the date of
accordance with the law within a period
of
certified copy of CAT order.
of dress allowance paid during 2018-19 and 2019-20 and
4 Since the recovery
received
further stoppage of payment of samne was affected as per the directions
the
up by GE 861 EWS through AO
GE 861
from audit authorities, a case has been taken
PCDA, Jammu
EWS vide letter No C-107/GHP/02/E1C dt 05 Oct 2024. Accordingly,
12 Nov 2024 has taken up the issue
vide their letter No Pay/\/84/Dress Allowance dt
payment of dress allowance to
with CGDA, Delhi, seeking decision from MoD regarding
industrial personnel of MES.
action for finalizing the issue is in
5 In the foregoing, it is brought out that
view of
upon receipt of directions from CGDA,
hand and the same shall be resolved amicably by
Delhi, post obtaining approval of MoD, duly taking into account the order passed
& Haryana and CAT Jannmu in
CAT Chandigarh Bench, Hon'ble High Court of Punjab
similar petitions.
6. Pl ack.
INTER OFFICE NOTE
IR SEC
24 IE1R-I| 21 Dec 2024
41660/CC/
OA NO 599/2024: TITLED MES-509825 SH GHULAM HASSAN PAUL & OTHERS
(35)VIS UOI & OTHERS BEFORE CAT SRINAGAR BENCH, UT OF J&K
1 Ref your ION No 41799/CAT-636/CE 31 Zone/12/LC dated 12 Dec 2024.
2. Draft speaking order in OA No 59912024 MES-509825 Sh Ghulam Hassar
filed by
Paul& Others (35) V/S U & Others before CAT Srinagar Bench ,UT of J&K received vidE
your ION quoted under ref has been scrutinised and the same is formally in order. The
same is returned herewith for your further action.
(Rardeep Kuman)
Adm Offr-l
Asst Dir (Records)
Encls:(ds abeve )
(Legal) Sec
(4
REGD SDS
ele: 2959 Headquarters
Civ :01992-242626 Chief Engineer
Northern Command
PIN-914 698
Clo 56 APO
41799/CAT-636/CE 31 Zone/ 6 LC 23Dec 2024
HQ CE 31 Zone
PIN-914631
clo 56 APO
OA NO 599/2024:TITLED MES NO-509825 SHGHULAM HASSAN PAUL &
OTHERS VIS UI & 35 OTHERS BEFORE CAT SRINAGAR BENCH, UT OF J&K
1 Ref your HQ letter No 14008/GHP/18/E1L dt 29 Nov 2024.
2 Draft speaking order in rlo the subject case recd vide your HQ alm letter is
returned herewith duly scrutinized by E1R Sec of this HQ ION No 41660/CC/204/E1R-I||
dt 21 Dec 2024 (Copy att).
3. is submit Para 43 docu By Hand forthwith due
requested to
to time frame given
It
byHon'ble CAT Srinagar, UT & J&K has already been lapsed.
4. Accord PRIORITY.
(MahtabAli)
AE (Civ)
AAD (Legal)
for Chief Engineer
Encl:(As above)
Copy to:
HO 134 WE
PIN-914134
clo 56 APO
for info and nla alongwith copy of draft speaking order duly
GE 861 EWS scrutinized by E1R Sec of this HQ.
PIN-913861
clo 56 APO
Internal :
E1(R) Sec for info w.r.t your Sec alm ION pl.
