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Union of India Through Cabinet Secretary & Ors. v. Captain Gurdev Singh & Anr.

Civil Appeal · 2019 INSC 171Decided 11 Feb 2019
Civil Appeal No. 2763 of 2009
Justice N.V. Ramana · Justice Mohan M. Shantanagoudar

Background

Officers and personnel of the Indian Military Training Team (IMTRAT) posted in Bhutan received a "Bhutan Compensatory Allowance" (BCA) that was reduced by a percentage ("depression") to account for free mess, rations and accommodation provided to them, unlike civilian personnel in Bhutan who got the BCA without any such deduction. A 2005 Supreme Court order had directed removal of this depression from a certain date, but a later Delhi High Court order (2007) went further and directed that IMTRAT personnel's allowance be made fully at par with the separate "Foreign Allowance" paid to Ministry of External Affairs diplomatic staff in Bhutan. The Union of India challenged this 2007 High Court direction as going beyond what the original 2005 order required.

Decision Breakdown

The Supreme Court held that the High Court's 2007 clarificatory order had exceeded the scope of the original 2005 order, since there was no basis in the relevant Pay Commission recommendations or Cabinet decisions to treat the diplomatic MEA staff's Foreign Allowance as the benchmark for IMTRAT's BCA: the "civilian counterparts" referred to in the earlier order meant other non-military personnel in Bhutan receiving BCA without depression, not MEA diplomats. The Court found that the Union had already complied with the original 2005 direction by removing the original depression. However, recognising that IMTRAT personnel serve in difficult, sensitive terrain bordering China, the Court used its discretion to still further reduce the remaining depression (by 6% for Service Officers and 4% for PBORs) with immediate effect. The appeal was accordingly allowed in part.

Lesson Learnt

Courts will not extend an earlier order's directions beyond what it actually decided, even where sympathetic facts exist, but equitable relief tailored to the facts (here, difficult service conditions) can still be granted independently of the earlier order's scope.

Official source (sci.gov.in)View Judgment (PDF)

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