JUDGMENT (Per : Rajnish R. Vyas) Heard. Rule. Rule made returnable forthwith. Heard finally with consent of learned counsels for the parties. We have also perused the case record.
2. The petitioner - Union of India has challenged the order passed by Central Administrative Tribunal, Mumbai Bench, Mumbai in Original Application No. 833/2021, by which the petitioners were directed to extend benefit of calculation of OTA by inclusion of various
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allowances i.e. HRA, TA, SFA etc. The respondents were also put to condition that they would deposit the amount of benefit in lump-sum in event the decision in Special Leave Petition pending before the Hon'ble Supreme Court of India goes against them.
3. In short, it was the case of respondents before the Tribunal that they were entitled for overtime allowance by including HRA, TA, SFA etc in computation of OTA. According to them, similar issue had arisen in Original Application No. 650/2016 before the Central Administrative Tribunal, Mumbai, and vide order dated 25.4.2018, the Union was directed to include all allowances stated above in calculation of overtime allowance. According to them, since they are similarly circumstanced, they are also entitled for same.
4. Per contra, learned counsel for petitioners has stated that issue involved is pending before the Hon'ble Supreme Court and therefore, at present, the respondents are not entitled for any relief.
5. On perusal of record, it is clear that the learned Tribunal by considering relief granted to similarly circumstanced persons has
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extended the benefit to the respondents. The interest of the petitioners is also protected by directing them to give undertaking. In view of it, we do not see any reason to interfere in the judgment impugned. Accordingly, we pass following order:
ORDER
i) The petitioners shall extend benefit of One Time Allowance (OTA) by inclusion of various allowances. The respondents shall submit the undertaking stating the nature of allowances which they are getting and the date from which they were held entitled for it.
ii) The respondents shall also file undertaking that in case, issue pending in Special Leave Petition is decided against them, they shall deposit the amount of benefit in lump-sum with the respondents.
iii) The petitioners shall consider entitlement of respondents for overtime allowance on the basis of undertaking given by them.
6. Petition is allowed in the aforestated terms.
(RAJNISH R. VYAS, J.) (ANIL S. KILOR, J.)
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