Officer of The Cement Corporation of India. Vs. Union of India & Ors.
EmailAppeal: Civil Miscellaneous Petition No.296 of 1987.
(In WP No.12198/89).
(In WP No.12198/89).
Petitioner: Officer of The Cement Corporation of India.
Respondent: Union of India & Ors.
Apeal: Civil Miscellaneous Petition No.296 of 1987.
(In WP No.12198/89).
(In WP No.12198/89).
Judges: A.P.SEN & V.BALAKRISHNA ERADI, JJ.
Date of Judgment: Mar 23, 1987
Head Note:
CIVIL SERVICE
Office memorandum dated March 19, 1987 issued by the Government of India, Ministry of Finance, Bureau of Public Enterprises – Payment of additional dearness allowance and interim relief – Employees of Central Government undertakings – No lawful justification exists for the cut-off date January 1, 1986 specified in cl.(iii) of the memorandum – Employees of all Central Government Undertakings not to be subjected to any such condition as mentioned in cl.(iii).
JUDGEMENT:
ORDER
1. Learned counsel appearing for the Union of India places before us a copy of office memorandum dated March 19, 1987 issued by the Government of India, Ministry of Finance, Bureau of Public Enterprises providing for payment of additional dearness allowance and interim relief to employees of the Central Government Undertakings on the basis of the report submitted by the High Power Committee, subject to certain modifications. We however find no discernible basis or lawful justification for the cut-off date January 1, 1986 specified in cl.(iii) of the said memorandum. We accordingly direct that the employees of all Central Government scales and dearness allowance pursuant to this Court’s orders issued prior to that date, will not be subjected to any such condition as mentioned in cl.(iii) of the memorandum.
2. Employees of all Central Government Undertakings governed by the Central Government pay-scales and dearness allowance shall be continued to be governed by the terms of the aforesaid memorandum issued by the Government of India as modified by this order, subject to such directions as the High Power Committee may issue from time to time.
3. C.M.P. is disposed of accordingly.
1. Learned counsel appearing for the Union of India places before us a copy of office memorandum dated March 19, 1987 issued by the Government of India, Ministry of Finance, Bureau of Public Enterprises providing for payment of additional dearness allowance and interim relief to employees of the Central Government Undertakings on the basis of the report submitted by the High Power Committee, subject to certain modifications. We however find no discernible basis or lawful justification for the cut-off date January 1, 1986 specified in cl.(iii) of the said memorandum. We accordingly direct that the employees of all Central Government scales and dearness allowance pursuant to this Court’s orders issued prior to that date, will not be subjected to any such condition as mentioned in cl.(iii) of the memorandum.
2. Employees of all Central Government Undertakings governed by the Central Government pay-scales and dearness allowance shall be continued to be governed by the terms of the aforesaid memorandum issued by the Government of India as modified by this order, subject to such directions as the High Power Committee may issue from time to time.
3. C.M.P. is disposed of accordingly.
