The Chandigarh Bench of the Central Administrative Tribunal (CAT) has directed the UT Administration to consider and decide the claim of warders of Burail Jail, Chandigarh, regarding grant of Dress Allowance, Ration Money Allowance and 13th Pay/Compensatory Pay on Central pattern, in light of the notifications, orders and communications exchanged between departments on the issue.
Several warders working in Burail Jail approached the Tribunal seeking directions to the respondents to grant them these benefits with effect from April 1, 2022, stating that these were earlier being paid at Punjab rates up to March 31, 2022.
The applicants submitted that after the applicability of Central Service Rules to employees of the Chandigarh Administration from April 1, 2022, these benefits ought to have continued at Central rates in terms of the recommendations of the 7th Central Pay Commission and relevant office orders of the Ministry of Home Affairs (MHA), Department of Personnel and Training (DoPT) and the UT Administration.
Counsel for the applicants, Rohit Seth, argued that similarly placed employees serving in Delhi Police and prison establishments, where Central Government rules are applicable, are already receiving the same benefits.
It was further contended that denial of these allowances is arbitrary, discriminatory, and violative of Articles 14 and 16 of the Constitution of India, particularly when identical benefits have been extended to prison and police personnel in other Union Territories including Delhi, Puducherry, Andaman & Nicobar Islands and Jammu and Kashmir.
On the other hand, the respondents submitted that the matter regarding extension of Dress Allowance, Ration Money Allowance and 13th Pay on Central pattern to prison personnel of Model Jail, Chandigarh is currently under active consideration before the competent authorities.
After hearing the arguments, the Tribunal disposed of the application with a direction to the respondents to consider and decide the claim of the applicants regarding grant of Dress Allowance, Ration Money Allowance and 13th Pay/Compensatory Pay on Central pattern, in light of the observations made and the relevant Office Memoranda, notifications, orders, and communications already supplied by the applicants, and to pass a reasoned and speaking order within two months from the date of receipt of a certified copy of the order.
While taking the decision, the respondents shall specifically consider the aspect of parity with Delhi Prison/Delhi Police personnel and other similarly situated Union Territory prison staff, including UT Police Chandigarh, as reflected in the documents placed on record.