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CAT steps in, MES workers win 9-year-old dress allowance battle

However, the same are pending consideration by the respondents for final decision,” the tribunal observed.

Sumit Kumar Singh

NEW DELHI: For nearly nine years of legal fight, Military Engineer Services (MES) workers, the civilian backbone of the Indian Army, in Uttarakhand were denied a modest dress allowance the Centre had promised them. It took five ignored representations, three Central Administrative Tribunal judgments, two court orders and finally a contempt petition against top officials to make the defence ministry pay their legal due.

The workers had been seeking dress allowance of `5,000 per annum due since July 1, 2017. They stated that it was government-notified entitlement, applicable to central government employees following the Seventh Pay Commission’s recommendations. Anand Singh Negi, a MES employee from Clement Town of Dehradun, had filed an appeal before the CAT. The MES employee unions also filed applications before the tribunal.

What was most alarming for the CAT in the case was the bureaucratic silence that preceded the court fight. “The applicants have preferred representations dated 04.09.2022 and 12.08.2023 and reminders dated 04.09.2024, 18.09.2024 and 20.09.2024.

However, the same are pending consideration by the respondents for final decision,” the tribunal observed.

The applicants had made representations on September 4, 2022 and August 12, 2023 requesting the defence ministry and MES authorities to implement the dress allowance entitlement. When no response came, they followed up with reminders on September 4, 18, and 20 of 2024, but no order came from the authorities.

Finding no relief, the workers filed application before the CAT. The bench on November 18, 2024 noted that the matter was covered by judgments already passed by the Chandigarh bench in 2020 and 2023 and Guwahati bench in 2023 on the identical issue. The tribunal directed the ministry and the force to consider the workers’ pending representations and pass an order within two months in light of those judgments.

As the deadline passed without compliance, the workers returned with contempt naming five senior officials as contemnors, including the defence secretary. After the contempt plea came before the bench, the ministry’s counsel submitted that the earlier order had been complied with in letter and spirit. The workers then got their due.

Order after contempt petition filed against 5

The CAT directed the defence ministry and the force to consider the workers’ pending representations and pass an order within two months in light of those judgments. As the deadline passed without compliance, the workers returned with contempt naming five senior officials as contemnors.

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