NDLI: Union of India Through Cabinet Secretary & Ors. Vs. Captain Gurdev Singh & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Payment of compensatory allowances Indian Military Training Team Service Law
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Service Law – Payment of compensatory allowances – Validity of the clarification made by impugned judgment dated 07.05.2007 of the original judgment of the High Court dated 22.11.2005 –IMTRAT (Indian Military Training Team) personnel filed writ petitions seeking parity between Bhutan Compensatory Allowance (BCA)payable to IMTRAT personnel and Foreign Allowance (FA) payable to their ‘civilian counterparts’ and implementation of the cabinet decision dated 30.11.1999 regarding removal of depression and imposition of charges for free facilities, which had not been implemented – During the pendency of writ petitions, the cabinet decision dated 30.11.1999 was given effect through order of the Ministry of Defence dated 20.09.2005 and the said order was prospective in operation – Writ petitions were allowed by the High Court by order dated 22.11.2005, setting aside the Ministry of Defence order dated 20.09.2005 to the extent it gave relief prospectively – High Court gave effect to the Cabinet decision dated 30.11.1999 from 01.12.1999 – Respondents filed an application for clarification of the original order dated 22.11.2005 on basis that the Union of India was incorrectly interpreting the term ‘Civilian Counterparts’ – Impugned Judgment dated 07.5.2007 by the High Court affirmed parity between the BCA and the FA – Held: In the absence of any argument before the High Court during the hearing of the writ petitions on the meaning of the term “civilian counterparts”, and in the absence of any specific finding recorded by the High Court in the original order to the effect that the term“civilian counterparts” refers to MEA personnel (who receive FA),the High Court in the impugned judgment should have restricted itself to the directions actually issued in the original order, which were limited to the relief of implementing the Cabinet decision dated 30.11.1999 from 01.12.1999 – By granting the relief of parity, the Court went beyond the relief explicitly granted in the original order– It was not open to the Court to interpret the relief granted in such a manner so as to expand its scope to include the second relief prayed for but not granted – The Court’s power in a clarificatory proceeding is different from that in revision or appeal – Indian Foreign Service (Pay, Leave, Compensatory Allowance and other Conditions of Service) Rules, 1981.
Judge	Hon'ble Mr. Justice Mohan M. Shantanagoudar
Neutral Citation	2019 INSC 171
Petitioner	Union Of India Through Cabinet Secretary & Ors.
Respondent	Captain Gurdev Singh & Anr.
SCR	[2019] 3 S.C.R. 913
Judgement Date	2019-02-11
Case Number	2763

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