NATIONAL BUILDINGS CONSTRUCTION CORPORATION NATIONAL BUILDINGS CONSTRUCTION CORPORATION Vs. S RAGHUNATHAN:S P SINGH

JUDGEMENT

(1.) Leave granted.

(2.) S. L. P. (C) No. 10372 of 1997 has been filed by the appellant (hereinafter referred to as 'NBCC') against the judgment and order dated 13-9-1996* of the Delhi High Court by which C.W.P. No. 1464 of 1992 in which the respondents' prayer for directions to NBCC to pay the Foreign Allowance @ 125% of the basic pay, as revised by the Fourth Pay Commission, w.e.f. 1-1-1986 while they were still in Foreign Service in a Foreign Country, was allowed, Payment of Deputation (Duty) Allowance was also allowed by another order dated 25-7-1997 passed in C.M. 8287/96 filed in the same civil writ. The other S.L.P., namely, S.L.P. (Civil) No. 20753 of 1997 arises out of C.W.P. No. 472 of 1994 filed by the respondents in that case for the same reliefs. This writ petition has also been allowed by the Delhi High Court by judgment and order dated 25-7-1997 in which the earlier judgments dated 13-9-1996 and 25-7-1997 have been followed. The questions involved in both the appeals are the same with the only difference that in the first petition there are 11 respondents while in the 2nd there are 5, out of whom one is the widow of a deceased respondent.

(3.) NBCC is a Government of India Enterprise (Government Company) engaged in the business of construction work in India and abroad. In addition to its own permanent work force, it obtained the services of personnel drawn from other Government Departments, including Central Public Works Department, from where the respondents were brought on deputation for one of the overseas projects being executed by the NBCC in Iraq. Respondents joined the NBCC on deputation on the basis of certain office orders one of which is the office order dated 21-11-1993 which reads as under :