Mohan M. Shantanagoudar, J. - (1.) This appeal arises out of the final judgment and order dated 07.05.2007 passed by the High Court of Delhi in C.M. No. 12743/2006 in W.P. (C) Nos. 17184-17185/2004, allowing the application filed by the respondents herein for direction and clarification of the order of the High Court dated 22.11.2005.
(2.) Vide the judgment dated 07.05.2007 (henceforth "the impugned judgment"), the appellants herein, i.e. the Union of India and the Ministries of Defence, External Affairs and Finance, were directed to award parity between the Bhutan Compensatory Allowance payable to the Indian Military Training Team (in short, "the IMTRAT") posted in Bhutan, and the Foreign Allowance payable to Indian diplomatic personnel serving in Bhutan under the Ministry of External Affairs, Government of India (in short, "the MEA"). It is relevant to mention here itself that the IMTRAT consists of Service Officers and Personnel Below Officer Rank (in short, "PBORs").
(3.) The facts leading to the instant appeal are as follows: The instant case revolves around the payment of compensatory allowances to three classes of personnel. The first category is that of personnel belonging to the IMTRAT, which has been posted in Bhutan to train personnel in the Bhutanese Army. IMTRAT personnel receive a compensatory allowance for being posted in Bhutan, called the Bhutan Compensatory Allowance (in short, "the BCA"), which used to have a depression (i.e. deduction) upon it of 22.5% for Service Officers and 10% for PBORs. This was due to the provision of free mess and canteen facilities to the Service Officers and free ration, clothing and accommodation to the PBORs. The second category of personnel constitutes civilian personnel working in various projects in Bhutan (which are self-financed or aided by the Government of India) such as the Border Road Organisation's Project Dantak, the Tata Hydroelectric Project, the Central Water Commission, etc. The BCA is payable without any depression to such personnel. The third category constitutes MEA personnel in Bhutan, who receive a different compensatory allowance called the Foreign Allowance (in short, "the FA"), under the Indian Foreign Service (Pay, Leave, Compensatory Allowance and other Conditions of Service) Rules, 1981 (in short "the IFS Rules").;