L.NAGESWARA RAO,J. - (1.) Leave granted. The Respondents filed Writ Petitions challenging the order dated 12.05.2011 issued by the Director General of Assam Rifles which were allowed by a learned Single Judge of the Guwahati High Court. The Appeals filed against this order were dismissed by a Division Bench. Aggrieved, the Union of India and others have filed these Civil Appeals.
(2.) The Respondents are combatised personnel of the Assam Rifles. Their grievance pertains to withdrawal of Special (Duty) Allowance. To understand the controversy, it is relevant to refer to the events that led to the introduction of Special (Duty) Allowance and its withdrawal.
(3.) By office memorandum dated 14.12.1983, the Government of India introduced payment of Special (Duty) Allowance to Central Government civilian employees who were posted to any station in the North-Eastern region. The said allowance was extended to personnel working in Assam Rifles on 02.02.1989. On the basis of the recommendations of the 6th Central Pay Commission, the President of India approved the introduction of Risk/Hardship Allowance to Central Para Military Force personnel w.e.f. 01.03.2009. The office memorandum dated 16.04.2009 by which the decision was conveyed to all departments concerned contained a clause which is as follows:- "4.CPMF personnel shall have the option to receiving their existing package of compensatory allowances and detachment allowance or the Risk/Hardship Allowances proposed at para-1 and 2 above whichever is beneficial to them." (emphasis supplied) ;