DIRECTOR GENERAL, CRPF & ORS. versus JANARDAN SINGH & ORS.

DIRECTOR GENERAL, CRPF & ORS. versus JANARDAN SINGH & ORS.

The denial of Special (Duty) Allowance to CRPF personnel posted in North Eastern Region, solely on the basis that their headquarters were outside that region, is unconstitutional. Classification under the 1987 Government Order fails the test of intelligible differentia and rational nexus. The 2005 Office Memorandum is clarificatory and extends the benefit to all posted in North Eastern Region irrespective of headquarters. Respondents are entitled to allowance for entire period of actual posting in North Eastern Region.

Parties
Appellant: Director General, CRPF & Ors.; Respondent: Janardan Singh & Ors.
Jurisdiction
India
Judgment Date
02 July 2018
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Allowances, Special (duty) Allowance, Equality Before Law, Reasonable Classification Under Article 14, Service Benefits
Service Law Constitutional Law Allowances Special (duty) Allowance Equality Before Law Reasonable Classification Under Article 14 Service Benefits

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Parties

Director General, CRPF & Ors.

Appellant

Janardan Singh & Ors.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From High Court Judgment

Legal Issues

  1. 1 Whether Special (Duty) Allowance is admissible to CRPF personnel posted in North Eastern Region whose headquarters are outside North Eastern Region for the period they were posted there, or only with effect from 03.08.2005

Ratio Decidendi

The denial of Special (Duty) Allowance to CRPF personnel posted in North Eastern Region, solely on the basis that their headquarters were outside that region, is unconstitutional. Classification under the 1987 Government Order fails the test of intelligible differentia and rational nexus. The 2005 Office Memorandum is clarificatory and extends the benefit to all posted in North Eastern Region irrespective of headquarters. Respondents are entitled to allowance for entire period of actual posting in North Eastern Region.

Court Disposition

Appeal dismissed

Orders

  • Uphold judgment of Allahabad High Court affirming Tribunal order granting Special (Duty) Allowance for period respondents actually worked in North Eastern Region.