Union of India & ANR Vs. Pratap
Singh & Ors [1994] INSC 681 (14 December 1994)
RAMASWAMY, K.
RAMASWAMY, K.
MOHAN, S. (J) VENKATACHALA N. (J)
CITATION: 1995 SCC (2) 42 1995 SCALE (1)115
ACT:
HEADNOTE:
ORDER
1. We have heard counsel for the parties. In
the proceedings of the Ministry of Defence letter bearing No. B/19231/Organisation
4 (Civil) (d) 256-S/D (Civil-11) dated 20-12-1985, the President of India
directed that the civilian employees who participated in "Blue Star"
and "Wood Rose" operations be paid ration allowance. The order reads
thus:
"The President is pleased to decide that
ration allowance in lieu of free rations will be admissible retrospectively to
the entitled categories of the Defence civilian employees deployed in
connection with 'Operation Blue Star' and 'Operation Wood Rose' from the dates
mentioned thereunder namely 'Operation Blue Star' between 1-6-1984 to 23-7-1985
and 'Operation Wood Rose'from 1-6-1984 to 28-2- 1985." The question is
whether the respondents are entitled to the benefit of ration allowance in lieu
of free ration. It is now conceded across the bar that such of those civilian
employees who participated in those operations are entitled to ration allowance
in lieu of free ration. Such of these civilians working in ordnance factories
are the entitled category and it is not disputed that they had drawn free
rations. Having drawn free ration they are not entitled to ration allowance
payable since it was only in lieu of the latter. Such of these civilian
employees who are not entitled categories are not eligible to free ration. The
order quoted earlier was made applicable only to such of these entitled
civilians working in Defence (sic) for free rations and free ration allowance
was given in lieu of free ration as they were not drawn while in operation. The
non- entitled categories, therefore, are not entitled to claim the ration
allowance. Under these circumstances the Central Administrative + From the
Judgment and Order dated 18-5-1992 of the Central Administrative Tribunal, in
Chandigarh in Regn. No. 242/Pb. of 1989 43 Tribunal at Chandigarh was wholly
unjustified in granting the benefit of free ration allowance to the respondents
by its order dated 18-5-1992.
2. These appeals are allowed accordingly. No
costs.
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