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february 2019

Supreme Court of India · 2019-02-11

UNION OF INDIA THROUGH CABINET SECRETARY vs CAPTAIN GURDEV SINGH

Citation / case number
SC 2007/21658
Court
Supreme Court of India
Petitioner
UNION OF INDIA THROUGH CABINET SECRETARY
Respondent
CAPTAIN GURDEV SINGH
Author
HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR
Bench
HON'BLE MR. JUSTICE R. SUBHASH REDDY HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR

Judgment text excerpt

The Supreme Court upheld the High Court's order directing the Union of India to ensure parity in the Bhutan Compensatory Allowance (BCA) for IMTRAT personnel and the Foreign Allowance (FA) for MEA personnel, emphasizing the need for equal treatment of service personnel and civilian counterparts under the Indian Foreign Service (Pay, Leave, Compensatory Allowance and other Conditions of Service) Rules, 1981. The Court noted that the previous decision by the Fifth Central Pay Commission to impose a depression on BCA was inconsistent with the recommendations of a High Level Committee and a Group of Officers. The Court affirmed the High Court's ruling, thereby ensuring that IMTRAT personnel receive the same allowance as their civilian counterparts without any deductions.

UNION OF INDIA THROUGH CABINET SECRETARY vs CAPTAIN GURDEV SINGH · Niyam