om:59-cl-2021-May — Chief Scientists (here, National Institute of Inter-Disciplinary Science and Technology) even though they are receiving Grade Pay of ₹ 10,000, they are not in the rank of Joint Secretary. Hence they are not entitled for the benefits attached to Joint Secretaries in the Ministries unless or until it is clearly stipulated that equivalent post of Joint Secretary are also entitled for Transport Allowance and DA thereon. Chief Scientists cannot claim Transport Allowance as a matter of right

Chief Scientists (here, National Institute of Inter-Disciplinary Science and Technology) even though they are receiving Grade Pay of ₹ 10,000, they are not in the rank of Joint Secretary. Hence they are not entitled for the benefits attached to Joint Secretaries in the Ministries unless or until it is clearly stipulated that equivalent post of Joint Secretary are also entitled for Transport Allowance and DA thereon. Chief Scientists cannot claim Transport Allowance as a matter of right — The chunk provided discusses a dispute between applicants, who are Chief Scientists, and the respondents regarding the payment of Transport Allowance. The applicants argue that they should be entitle... — Facts: Two OAs namely, O.A. Nos. 180/00044/2015 and 180/ 00915/2017 are disposed of by the Common judgment as facts are same so also relief ask for.

The discussion in this judgment pertains to OA No. 180/44/2015.

The only prayer is to declare that the Applicants herein are entitled for the Transport Allowance plus DA and to issue necessary instruction as prayed for above.

Applicant in this OA is a Chief Scientist under R-5, Director, National Institute of Inter-Disciplinary Science and Technology, Council of Scientists and Industrial Research, Thiruvananthapuram. Applicants in both OAs are aggrieved by the decision taken by the Respondents to stop payment of Transport Allowance at the rate of ₹ 7,000 p.m plus DA thereon. Their contention is, they are in the grade of Joint Secretaries as they also draw Grade Pay of ₹ 10,000 as given to Joint Secretaries.

Department stopped the Transport Allowance granted to them. Tribunal in O.A. No. 180/379/2014 directed the 5th Respondent (Director) vide A-5, dated 6-6-2014 to consider and pass order. The authority decided that the payment is not in order even though the Applicants have same Grade Pay as that of Joint Secretaries.

Respondents filed their reply aggrieved that the Applicants are not entitled for use of staff car. Tribunal heard both sides: The short question raised in these OAs are, whether the posts of the Applicants which is equivalent to the post of Joint Secretary are entitled for Transport Allowance at the rate of ₹ 7,000 p.m plus DA thereon or not. Tribunal found that this issue had been decided by the Principal Bench of the Tribunal in O.A. No. 4062 of 2013 filed by Mr. Radhacharan Shakiya and others v. Union on India and others. 13-5-2014. It was held in that OA that the Applicants therein are not entitled to draw Transport Allowance @ ₹ 7,000 p.m plus DA thereon. That order is also upheld by the Delhi High Court in Writ Petition (Civil) No. 3445/2014 on 3-9-2014 filed by the same Applicant as above. OM of Ministry of Finance, Department of Expenditure, dated 19-8-2016 upheld the view of non-admissibility of Transport Allowance to the Applicants even though they are drawing the Grade Pay of ₹ 10,000 in PB-4 under ACP Scheme or under scheme of Non-Functional upgradation. Hence the prayer of the applicants had already been rejected. Principal Bench in O.A. No. 4062 of 2013 affirmed that the Applicants therein are not entitled for Transport Allowance.