A.P. Bhattacharya, J. - (1.) These three cases, viz., O.A. 16/A & N 1988, O.A. 17/A & N of 1988 and O.A. 18/A & N of 1988 are taken up together as the matters involved in all these cases are the same and as they were heard analogously.
(2.) In O.A. 16/A & N of 1988 the applicants are Shri M.V. Ramachandran Nair and 46 others. They are holding the posts of Accountant, Clerk -Gr. I, Clerk -G. II, Stenographer (Junior Grade), Head Translator, Car Driver, Transmission Executive, Production Assistant, Engineering Assistant, Technician, Diesel Engine Driver and Diesel Technician in the once of the All India Radio. Port Blair. In O.A. 17/A k N of 1988 the applicants are Shri R. Mathukrishnan and 16 others. They are holding the posts of Studio attendant, Library attendant, Duftry, Peon, Helper, Farash, Security Guard, Studio Guard. Safaiwalla and Mali in the same Office, i.e., All India Radio, Port Blair. In O.A. 18/A & N of 1988 the applicants are Shri J.S. Raj and & others. In the aforesaid Office they hold the posts of Senior Grade Announcer and Junior Grade Announcer.
(3.) It is the common case of all the applicants that as per the terms of their appointments they carry with them All India transfer liability. Some of the applicants were transferred to the Office of the All India Radio, Port Blair from other stations in the main land. By its O.M. No. 2W)14/ 3/83 -E. IV., dated, 14.12.83, Ministry of Finance, Government of India, extended certain allowances and facilities for civilian employees of the Central Government serving in the Union Territories of North -Eastern region and Andaman & Nicobar Islands. The applicants claim that by that O.M. they, having All India transfer liability, are entitled to the grant of Special (Duty) Allowance at the rate of 258 of their basic pay subject to the ceiling of Rs. 400 per month. It is their case that although they were so entitled, the respondents had not granted them the said allowance. By issuing an Office Memorandum on 14.2.1985, it was clarified by the Director General, All India Radio, that such Special (Duty) Allowance would not be admissible to the non -gazetted staff (Ministerial, engineering, programme and staff artist) of All India Radio who did not have the All India transfer liability. The applicants state that in an identical matter, i.e.. O.A. 20/A & N of 1987 the Calcutta Bench of the Central Administrative Tribunal passed a judgment on 13.1.1988 in which Special (Duty) Allowance was allowed to the applicants of that case. The stand of the Government of India that persons who are not actually transferred outside the region or zone cannot be said to have All India transfer liability is unsound and unreasonable. According to the applicants, by refusing to grant them special (duty) allowance the respondents had violated Article 14 of the Constitution of India. In filing the applications the respective applicants have prayed for issuing direction upon the respondents so that they may pay them the special (duty) allowance in terms of the O.M. issued on 14.12.83 with effect from 1.11.1983.;