A.S. Bains, J. - (1.) The petitioners are Class III and IV defence civilian employees working in the Station Headquarters, Chandimandir. The Headquarters of the Controlling Office, i. e. respondent No. 2, is situated at the Chandimandir Cantonment area and a part of the office is also functioning in Sector 8, Chandigarh. The location of the office in Chandimandir Cantonment is within two kilometers of the periphery of the Union Territory of Chandigarh. The grievance of the petitioners is that they are not being paid Special Compensatory Allowance with effect from June 1, 1973 in spite of their representations made on the basis of the Government of India, Ministry of Finance's letter dated 4th April, 1975 (copy Annexure P. 4) and C.W.P. Nos. 1654 and 1740 of 1977 decided by the High Court.
(2.) Reply has been fried and the factual position is admitted by the respondents. Respondents have also admitted about the policy decision of the Government of India, but their stand is that since the petitioners are not covered by those writ petitions, they cannot be given the Special Compensatory Allowance.
(3.) This stand of the respondents is highly unjustified. The petitioners are entitled to the Special Compensatory Allowance in view of the decisions of the High Court in C.W.P. No. 1654 and 1740 of 1977. These decisions have become final and are not challenged by the Government. Vide letter No. PC. 90235/1062/3/EIC/97-LC/D (Civ. I), dated 11-12-82 the Government of India, Ministry of Defence have decided to grant Special Compensatory Allowance to the employees like the petitioners. This letter is in the following terms : "Subject : Grant of Special Compensatory Allowance to the Defence Civilian employees working at Chandigarh. Sir, Consequent on the judgment of the High Court of Punjab and Haryana on Civil Writ Petition No. 1740 of 1977, the question of continuance of Special (Compensatory) Allowance to the civilian employees paid from the Defence Service estimates working at Chandigarh has been under consideration for some time past. The President is pleased to decide that the concession granted vide this Ministry's O.M. No. 4(13)-74/D(Civ. I), dated 9th June, 1975, will continue to be admissible to all Defence Civilian employees paid from Defence Services Estimates working in Chandigarh or within 8 Kms of its Municipal Limits subject to the conditions laid down in the said orders. 2. This issues with the concurrence of Ministry of Finance (Defence) vide U. O. No. 2814/PB/DFA (AG) dated 11-12-1982. Yours faithfully, Sd/- (S. Parsad) Under Secretary to the Govt, of India.";