dofp2024_00740 — If both types of employees are placed in the same place i.e. at high altitude working in the same campus under the same Ministry and at the same time, they should not be discriminated in respect of grant of High Altitude Allowance. Directions issued to the Respondents to consider and decide the issue

If both types of employees are placed in the same place i.e. at high altitude working in the same campus under the same Ministry and at the same time, they should not be discriminated in respect of grant of High Altitude Allowance. Directions issued to the Respondents to consider and decide the issue — The provided chunk is discussing the Respondents' argument that Defense Accounts Department (DAD) staff, who are Central Government Civilian Employees, do not have High Altitude Allowance (HAA) liste... — Facts: As per the Applicants, they were working in different posts under the PCDA (BR) Delhi Cantt. / Zonal Office CDA(BR), Narangi,Guwahati and presently posted at A.O. No. 763 BRTF/C/O-99 APO, located at Khirmu, Dist. Tawang (Arunachal Pradesh) in the height of 9300-9500 Ft., which is High Altitude Area. According to the Applicants, a Notification, dated 4-8-2004 was issued relating to grant all allowances and facilities to the Civilian officers / subordinates of the General Reserve Engineer Force serving in the North-Eastern Region, on the same terms and conditions as have been laid down vide OM, dated 14-12-1983 read with OM, dated 1-12-1988 and OM, dated 22-7-1998 as modified / amended from time to time. Further vide Notification, dated 20-10-2009 issued by the Ministry of Shipping, Road Transport and Highways, Border Roads Development Board Presidential sanction was conveyed for doubling of the High Altitude Allowance to the members of General Reserve Engineer Force actually deployed in High Altitude Areas to the extent of 20% of their total strength as recommended by the 6th CPC and duly accepted by the Government. Further, the rates of this allowance shall automatically increase whenever the Dearness Allowance payable on revised pay goes up by 50% with effect from 1-9-2008 as per 6th CPC. The location of the Accounts Office 763 BRTF is within the same campus of HQ 763 BRTF (GREF) and in the same altitude and it is the only effected AO office within the North-Eastern Region. As per rule and order on the subject, DAD Officers and Staffs are also legally entitled to get all the allowances and facilities at par with GREF Personnel (during the serving period at Accounts office attached to HQ 763 BRTF) without any discrimination, when they are posted in the same location or reported for duty in the same station or location of Accounts Office 763 TF, when officers / staffs of the Defence Accounts Department are getting all other facilities. In this regard, Accounts Officer, Office of the A.O. / 763 BRTF vide Letter, dated 2-8-2016 wrote a reminder letter with reference to Letter, dated 19-2-2016 to the PCDA (BR) Seema Sadak Bhawan asking for consideration of their cases at par with GREF Personnel to grant HAUCA / HAA-2 allowance for DAD officials and consider payment at appropriate rate for the officers / staffs of AO 763 BRTF. Subsequently, the Applicants also made representations before the authority but without any effect. Respondents have stated that the Defence Accounts Departments (DAD) staffs are Central Government Civilian Employees. As per 6th CPC, Government of India, Ministry of Finance, Department of Expenditure vide Resolution, dated 29-8-2008 contains a list of other allowances relating to Civilian employees in Group ‘A', 'B', ‘C' and ‘D', which include Special Compensatory (Hill Area / Remote Locality / Bad Climate Allowance / Tribal Area Allowance), Special Compensatory (Remote Locality) Allowance (SCRLA) and Special Duty Allowance (SDA) at Sl. No.2 (i),

(ii) and

(vi) respectively but there is no mention of High Altitude Allowance (HAA). Therefore, Ministry of Defence vide Resolution, dated 30-8-2008 in its Annexure-1 Part-B at Sl. No. 1 mentions the Allowances common to both Civilians and Defence Forces personnel which states inter alia:- “Special Compensatory (Hill Area) Allowance, Special Compensatory (Remote Locality) Allowance (SCRLA), Island Special Duty Allowance, Hard Area Allowance, Special Compensatory (Bad Climate) Allowance, whereas at Sl. No. 17 of Appendix - 1 Part-B, High Altitude Allowance has been accepted by the Government for the Armed Forces separately.” It has been further submitted by the Respondents that under 7th CPC, Ministry of Finance, Department of Expenditure vide their Resolution, dated 6-7-2017 published in the Gazette of India lists Special Compensatory (Remote Locality) Allowance (SCRLA) and Special Duty Allowance (SDA), High Altitude Allowance which have been accepted by the Government as duly ‘Retained and Rationalized'. The same however has been authorized to Defence Personnel vide Ministry of Defence, dated 18-9-2017. As per the Respondents, to compensate the hardship faced by the Central Government Civilian Employees posted in tough locations, Government of India, Ministry of Finance, Department of Expenditure had issued orders of payment of Tough Location Allowance (TLA) vide OM, dated 19-7-2017. Ministry of Finance, Department of Expenditure vide OM, dated 18-7-2017 had allowed to pay SDA to Central Government employees serving in NER and Ladakh with the provision that SDA will not be admissible along with Tough Location Allowance. Employees will have the additional option to avail of the benefit of Special Compensatory (Remote Locality) Allowance (SCRLA) as per 6th CPC rates along with SDA at revised rates. Therefore, Special Compensatory (Remote Locality) Allowance (SCRLA) are admissible to Defence Accounts Department employees, whereas High Altitude Allowance has been separately authorized to Armed Forces. GREF has been authorized High Altitude Allowance by the Ministry of Defence which are applicable to them only and not to the Applicants. In their rejoinder, the Applicants have emphasized the fact of discrimination.