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Raj Kumar & Others v/s The Union of India Represented by the Secretary Government of India Ministry of Home Affairs, North Block Central Secretariat, New Delhi & Others

Company & Directors' Information:- RAJ CORPORATION LIMITED [Active] CIN = U74900UP2008PLC035742

Company & Directors' Information:- H & R BLOCK (INDIA) PRIVATE LIMITED [Active] CIN = U72900PN2006PTC128344

Company & Directors' Information:- AT HOME INDIA PRIVATE LIMITED [Active] CIN = U17211DL2001PTC112255

Company & Directors' Information:- RAJ COMPANY PRIVATE LIMITED [Active] CIN = U74999PB1949PTC000515

Company & Directors' Information:- G RAJ & COMPANY PVT LTD [Active] CIN = U67120WB1993PTC058140

Company & Directors' Information:- V HOME PRIVATE LIMITED [Active] CIN = U74899DL2001PTC109331

Company & Directors' Information:- R M RAJ AND CO PRIVATE LIMITED [Strike Off] CIN = U99999DL1952PTC002146

Company & Directors' Information:- RAJ & RAJ PVT. LTD. [Active] CIN = U51109WB1991PTC052055

Company & Directors' Information:- H AND R BLOCK (INDIA) PRIVATE LIMITED [Strike Off] CIN = U00892PN2006PTC128344

    Original Application No. 046/00019 of 2020

    Decided On, 10 December 2020

    At, Central Administrative Tribunal Guwahati Bench Guwahati


    For the Applicants: U.K. Nair, Sr. Advocate, N. Shyamal, Advocate. For the Respondents: S.K. Ghosh, Addl. CGSC.

Judgment Text

Oral:This case has been taken up through video conferencing.2. Since the applicants are seeking similar reliefs from the same respondents, hence their prayer for joining together in a single application under Rule 4(5)(a) of CAT (Procedure) Rules, 1987 is hereby granted.3. This O.A. has been preferred by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:-“8.(i) To direct the respondents to pay the applicants the License Fee at the rate of 10% compensation per month in lieu of Rent Free Accommodation w.e.f. 01.07.1987 w.e.f the date of their posting to Nagaland in reference to the order and judgment passed by this Hon’ble Tribunal, the Hon’ble Gauhati High Court and the Hon’ble Supreme Court of India, till the date of implementation of the recommendations of the 7th Central Pay Commission.(ii) Cost of the application.(iii) To pass any such order/orders as Your Lordships may deem fit and proper.”4. Ms. N. Shyamal, learned counsel appearing on behalf of the applicants submits that the applicants by virtue of their working in Subsidiary Intelligence Bureau, Kohima, Ministry of Home Affairs, Government of India, are entitled to Licence Fee @ 10% of their monthly pay in lieu of Rent Free Accommodation as per O.M. No. 11015/4/86-E.II(B)/87 dated 13.11.1987 w.e.f. 01.07.1987 or actual date of posting in Nagaland as per O.M. No. 2/1/2014-E.II(B) dated 21.02.2014 issued by the Government of India, Ministry of Finance, Department of Expenditure. According to the learned counsel, all the applicants were getting Licence Fee during 2006 to June 2007 however, at lower rates.5. According to Ms. Shyamal, similarly situated employees who were working under various departments, who approached the Court, have already granted the benefits of 10% license fee in lieu of rent free accommodation with arrears and enjoying the same without any interruption. In view of the above, the respondents cannot treat similarly situated employees in different way. Accordingly, learned counsel prays for similar benefits in the case of the present applicant also.6. I have heard the learned counsel for the applicants, perused the pleadings and the documents annexed with the O.A. After carefully gone through the arguments as well as documents, it is found that the aforesaid matter is no longer res integra. On identical issue, this Tribunal has decided the matter vide common judgment and order dated 06.11.2000 in OA No. 143 of 1999 (Shri Krishna Sinha and 267 ors. Vs. Union of India and Ors.). Relevant portion of the order of the Tribunal is being reproduced here as under:-“3. In the light of the decision rendered by this Tribunal the Application is allowed and the respondents are directed to pay license fee at the rate of 10% of monthly pay with effect from 1.7.1987 or from the actual date of posting in Nagaland whichever is later and continue to pay the same till the compensation is not withdrawn or modified by the Government of India or till Rent free accommodation is not provided.”7. The decision of the Tribunal was upheld by the Hon’ble Gauhati High Court vide order dated 21.02.2013 in WP(C) No. 830 of 2013. The relevant portion of the order of the Hon’ble Gauhati High Court is also being reproduced here as under:-“Considering the fact that the decision of this Court, rendered by the order, dated 06.03.2012, passed, in WP(C) No. 2975/2011, as well as the subsequent order, dated 06.03.2012, passed in the Misc. Case, whereby the petitioners were allowed extension of time to comply with the directions, stand dismissed by the Supreme Court, we are clearly of the view that a fresh writ petition challenging the findings which were arrived at, and the directions, which were given, in WP(C) No. 2975/2011, would not lie.Situated thus, we find no option, but to dismiss the writ petition.In the result and for the reasons discussed above, the writ petition stands dismissed.”8. Against the order of the Hon’ble Gauhati High Court dated 21.02.2013, the respondents approached before the Hon’ble Supreme Court by filing Special Leave to Appeal (C) ….CC No (s) 8050/2014 where the Hon’ble Apex Court vide order dated 02.07.2014 dismissed the said SLP preferred by the respondent authority on the ground of delay as well as on merit.9. On identical issue of Defence Civilian working in the State of Nagaland has already been settled by the Hon’ble Gauhati High Court in W.P.(C) No. 830 of 2013 (Union of India and another Vs. Shri Bahadur Sonar and Ors.) where the Hon’ble High Court vide order dated 21.02.2013 dismissed the said Writ Petition.10. In view of the above, respectfully following the decisions of this

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Tribunal as well as Hon’ble Gauhati High Court and also Hon’ble Supreme Court, I hereby direct the respondents to decide the present issue in accordance with aforesaid precedents after examining the case of the applicants and pay the liscense fees at the rate of 10% compensation per month in lieu of Rent Free Accommodation, from the date as applicable, within a period of two months from the date of receipt of a copy of this order.11. Accordingly, O.A. stands disposed of at the admission stage. No order as to costs.