TUSHAR KANTI PAUL Vs. UNION OF INDIA AND ORS
LAWS(GAU)-2018-1-181
HIGH COURT OF GAUHATI
Decided on January 08,2018

Tushar Kanti Paul Appellant
VERSUS
Union of India And Ors Respondents

JUDGEMENT

Ajit Singh, J. - (1.) This petition under Article 226 of the Constitution is directed against the judgment and order dated 9.6.2005 passed by the Central Administrative Tribunal, Guwahati Bench, whereby it has dismissed petitioner's OA No.136/2004. The petitioner is also aggrieved with the order dated 18.5.2005, by which, the Tribunal dismissed his Review Application No.6/2005.
(2.) On 14.12.1983, the Union of India issued an office memorandum conferring certain rights and privileges in favour of its employees posted in North-Eastern Region of the country. One of the rights, so conferred, was that such employees shall be entitled for a special duty allowance. The petitioner, on the basis of the aforesaid office memorandum, claimed special duty allowance, which was denied to him. He, therefore, filed an original application, namely, OA No.105/1987 before Central Administrative Tribunal, Gauhati Bench (for short "Tribunal"). The Tribunal vide order dated 12.5.1989 allowed the original application pursuant to which the petitioner was being paid special duty allowance. However, subsequently, the aforesaid benefit was withdrawn vide order dated 31.12.1998 issued by the Regional Pay and Accounts Officer, which was subject matter of challenge in OA No.7/1999 before the Tribunal.
(3.) The Tribunal vide order dated 2.11.2000 held that the question of payment of special pay allowance had already been settled and therefore the authorities cannot discontinue the same. But, later, by an another order dated 13.5.2004, Respondent No.5 directed to discontinue special duty allowance to the petitioner. The petitioner, therefore, once again filed OA No.136/2004 before the Tribunal. However, the same was dismissed vide order dated 9.6.2005. The petitioner then filed an application for review which was also dismissed on 18.8.2005.;


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