VidhiSangh

Supreme Court of India · 11/02/2019

UNION OF INDIA THROUGH CABINET SECRETARY & ORS. versus CAPTAIN GURDEV SINGH & ANR.

[2019] 3 S.C.R. 913 · 2019 INSC 171

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Summary

The High Court could not use clarification proceedings to add parity between military personnel’s Bhutan Compensatory Allowance and diplomatic personnel’s Foreign Allowance to its earlier final order. That order only required retrospective implementation of the decision replacing the former deductions with nominal charges, which had been complied with. The distinct duties, service conditions and facilities also defeated parity on merits. Nonetheless, the Supreme Court directed immediate removal of the remaining 6% and 4% deductions for IMTRAT officers and personnel below officer rank.

Issues

  1. Whether clarification could expand the earlier order to require parity between Bhutan Compensatory Allowance and diplomatic Foreign Allowance.
  2. Whether parity was justified on merits and what relief concerning remaining deductions should be granted.

Provisions considered

Held

Result

Appeal partly allowed; clarificatory judgment dated 7 May 2007 set aside, with immediate removal of the remaining BCA deductions as directed.

Judgment PDF: Supreme Court of India, [2019] 3 S.C.R. 913.