Central Administrative Tribunal

Om Prakash Semwal vs M/O DEFENCE on 29 October 2026

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CENTRAL ADMINISTRATIVE TRIBUNAL

Nainital Circuit Sitting

O.A. No.4298/2026

M.A. No.5497/2026

M.A. No.5498/2026

This the 29th day of October, 2026

Hon'ble Mr. Ajay Pratap Singh, Member (J)

Hon’ble Mr. Rajinder Kashyap, Member (A)

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1. MES NO. 448117 Om Prakash Semwal , S/o Sh. Sadanand Semwal , aged 59 years retired as ELECT(MCM) unit GE IMA Dehradun.

2. MES NO. 470173 Lukhiram, aged 63years, S/o Sh. Inder Dutt Nautiyal retired as Mate Painter from GE IMA Dehradun.

3. MES NO. 448942 Satya Prakash , aged 62years, S/o Sh. Bhagwati Prashad retired as Masson HS II from GE IMA . Dehradun.

4. MES NO. 448255 Sunil Kumar, aged 65years, S/o Sh. Ram Lal retired as Painter (HS II) from GE IMA Dehradun.

5. MES NO. 448452 Nand Kishore , aged 64years, S/o Sh. Pitamber retired as Painter HS II from GE IMA Dehradun.

6. MES NO. 448678 Surander Mohan , aged 65years, S/o Sh. Hira Mani Pant retired as Elect (HS I) from GE IMA Dehradun.

7. MES NO. 448179 Anil Kumar Bhatnagar , aged 67years, S/o Sh. Jagdish swaroop Bhatnagar 1 retired as FGM (M CM) from GE IMA Dehradun.

8. MES NO. 448286 Dilip Kumar Singh, aged 65years, S/o Sh. Puran Singh retired asblack Smith HS I from GE IMA Dehradun.

9. MES NO. 470019 Rajender Singh Bhandari , aged 66years, S/o Sh. Shyam Singh Bhandari retired as FGM (MCM) from GE IMA Dehradun. KARAN

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10. MES NO. 448850 Pradeep Kumar, aged 62years, S/o Sh. Rasal Singh retired asMasson HS II I from GE IMA Dehradun.

11. MES NO. 448787 Preetam Singh Panwar, aged 62years, S/o Sh. Jabar Singh retired asblack Smith (MCM) from GE IMA Dehradun.

12. MES NO. 448854 Vineet Kumar Garg, aged 63 years, S/o Sh. Atma Ram Garg retired as FGM (MCM) from GE IMA Dehradun.

13. MES NO. 470095 Dassiya, aged 68 years, S/o Sh. K.hankruretired asPipe Fitter (HS 11) from GE IMA Dehradun.

14. MES NO. 449118 Savitri Devi, aged 63 years, D/o Sh.Bhikkan Ramretired asMate Masson from GE IMA Dehradun.

15. MES NO. 504448 Satye Singh , aged 65years, S/o Sh. Narayan Singh retiredas Elect(MCM) from GE IMA Dehradun.

16. MES NO. 448594 Dabbal Singh Aswal, aged 63 years, S/O Sh. Narayan Singh Oswal retiredas Elect (MCM) from GE IMA Dehradun.

17. MES NO. 448502 Ved Prakash, aged 67 years, S/o Sh. Jagdish Prashad retired as FGM (MCM) from GE IMA Dehradun.

18. MES NO. 448100 Subash Singh, aged 66 years, S/o Sh. Kalu Ram retired asCarpt (MCM) from GE IMA Dehradun.

19. MES NO. 448971 Dineshwar Prashad, aged 67 years, S/O Sh. Bhagwati Prashad retired as FGM (HS I ) from GE IMA Dehradun.

20. MES NO. 448966 Suresh Chand , aged 67 years, S/o Sh. Bhagwati Prashad retired as FGM (HS I ) from GE IMA Dehradun.

21. MES NO. 44827 Madan Singh , aged 66 years, S/o Sh. Ram Avtar retiredas FGM (HS II) from GE IMA Dehradun. KARAN

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22. MES NO. 448365 Mahavir Prashad Pant, aged 65 years, S/o Sh. Maya Ram Pant Dehradun. retired asFGM (MCMI) from GE IMA

23. MES NO. 449020 Rajender Kumar , aged 54 years, S/o Sh. GirhariLaL retired as Elect (HS I) from GE IMA Dehradun.

24. MES NO. 447928 Shyam Singh , aged 67 years, S/o Sh. Bhagwati Prashad retired as Ref/Mech (HS I) from GE IMA Dehradun.

25. MES NO. 470026 Jagmohan Singh, aged 64years, S/o Sh. Trilok Singh retired as Carpt HS I from AGE (I) Lansdown

26. MES NO. 448374 Jaibeer Singh, aged 68years, S/o Sh. Ranjeet Singh retired as Carpt HS II from AGE (I) Lansdown

27. MES NO. 371165 Devi Prakash, aged 65 years, S / o Sh. Fetai Ram retired as Carpt (SK) from AGE (I) Lansdown

28. MES NO. 470456 Padmadutt Joshi, aged 63 years, S / o Sh. Belochand Prashad retired as FGM ()MCM) from AGE (I) Lansdown

29. MES NO. 448666 Ved Prakash, aged 66 years, S/o Sh. Manohar Lal retired as Painter (SK) from AGE (I) Lansdown.

30. MES NO. 448652 Chater Singh , aged 57 years, S/o Sh. Bachan Singh retired/expired on 27.04.2021 as FGM (SK) from AGE (I) Lansdown

31. MES NO. 192926 Abal Singh , aged 62 years, S/o Sh. Trilok Singh retired as Carpt HS II from AGE (I) Lansdown

32. MES NO. 470036 Harpal Singh, aged 62 years, S/o Sh. Govind Singh retired as Painter HS II from AGE (I) Lansdown

33. MES NO. 4226475 Chandan Singh, aged 67 years, S/o Sh. Guman Singh retired as Elect HSI fromGE (I) R&D Dehradun.

34. MES NO. 470117 Ram Kishore, aged 61 years, S/o Sh. Lal Karan retiredas FGM HS II fromGE (I) R&D Dehradu n . KARAN

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35. MES NO. 470080 Satya Pal Singh, aged 65 years, S/o Sh. Samsher Singh retiredas FGM HS I fromGE (I) R&D Dehr adun.

36. MES NO. 1475897A SidhnathSingh , aged 61 years, S/o Sh. LocknathSingh retiredas FGM (SK) from GE (A/F) Sarsawa.

37. MES NO. 372396 Ramesh Chandra , aged 62 years, S/o Sh. Luda Ram retired as Elect (HS I) from GE (A/F) Sarsawa.

38. MES NO. 448587 Seth Pal , aged 64 years, S/o Sh. Kishan Lal retired a s Veh/ Mech (HS I) from GE (A/F) Sarsawa.

39. MES NO. 448726 Mange Ram , aged 64 years, S/o Sh. Fundu retired as Masson (SK) from GE (A/F) Sarsawa.

40. MES NO. 315531 Sompal, aged 62 years, S/o Sh. Sadhu Ram retired as Yeh/Mech (SK) from GE (A/F) Sarsawa.

41. MES NO. 448569 Satya Pal Singh , aged 65 years, S/o Sh. Kashmir Singh retired as Masson (HS I) from GE (A/F) Sarsawa.

42. MES NO. 448997 Sushil Kaur , aged 65 years, D/o Sh. Bachan Singh retiredas Elect (SK) from GE Dehradun.

43. MES NO. 369886 Sadan Lal , aged 65 years, S/o Sh. Shubhyanu Lal retiredas Elect (SK) from GE Dehradun.

… Applicants

(By Advocate: Mr. Somnath Bhattacharya through VC)

Versus

1. UNION OF INDIA THROUGH SECRETARY MINISTRY OF DEFENCE GOVERNMENT OF INDIA B WING SENA BHAWAN NEW DELHI 110011

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2. ENGINEER IN CHIEF E-N-C BRANCH MINISTRY OF DEFENSE(ARMY) KASHMIR HOUSE DHQ PO NEW DELHI-11001

3. CONTROLLER OF DEFENCE ACCOUNTS (ARMY) MEERUT CANTT MEERUT. UTTAR PRADESH - 250001

4. PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS ALLAHABAD UTTAR PRADESH. 211014

5. CWE DEHRADUN MES MALL ROAD DEHRADUN CANTT UTTARAKHAND 248003

6. CWE DEHRADUN (HILLS) MES MALL ROAD DEHRADUN CANTT UTTRAKHAND 248003

7. GARRISON ENGINEER. MES DEHRADUN DEHRADUN CANTT UTTRAKHAND 348003

8. GE IMA MES DEHRADUN CHAKRATA ROAD. PREM NAGAR. DEHRADUN. UTTARAKHAND 248007

9. GE (A/F) SARSAWA SAHARANPUR. UTTAR PRADESH 247232

10. GE (1) R&D. MES RAIPUR ROAD DEHRADUN. 248008

11. AGE (I) MES LANSDOWNE PAURI GARHWAL, UTTARAKHAND 246155 … Respondents

(By Advocate: Mr. T.C. Aggarwal through VC)

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O R D E R (ORAL) Hon’ble Ajay Pratap Singh, Member (Judicial)

MA No.5498/2026

For the reasons stated in the present MA No.1285/2026 seeking exemption from filing typed copies, Hindi translation and dim annexures in filing the present OA, the same stands allowed, subject to just exceptions.

MA No.5497/2026

The instant MA has been filed by 42 applicants seeking permission to contest the matter jointly. The captioned OA has been filed by 42 applicants seeking common relief with common intention against the common cause of action. In view of the averments made in the MA, the same is allowed and disposed of and the applicants are permitted to contest the matter jointly.

OA No.4298/2026

The applicants are Group-C industrial employees of the Military Engineering Services (MES) working under CWE MES, Mall Road, Dehradun and by way of present OA, the applicants have invoked jurisdiction of the Tribunal under Section 19 of the Administrative Tribunals Act, 1985, claiming following relief(s) [as extracted from the OA]:- KARAN

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“ (i) The Honble Tribunal may graciously be pleased to direct the respondents to decide sent representation dated 05.02.2026 and reminder dated 30.09.2026 of the applicants which is sent to respondents AND CONSEQUENTLY The Hon'ble Tribunal be pleased to declare that the applicants are entitled to Dress Allowance @ Rs. 5000 /- per annum w.e.f. 01.07.2017 in terms OM dated 02.08.2017 issued by the Government of India, Ministry of Finance, Department of Expenditure, O.M. dated 31.08.2017 issued by the Government of India, Ministry of Personnel, Public Grievances and Pension and also as per the order dated 05.06.2020, 04.05.2023 passed in O.A. No. 060/ 1228/2019, OA No. 1152 of 2022 etc. by the Hon'ble CAT, Chandigarh Bench and order dated 23.03.2023 in OA No. 59 of 2023 pass by the Hon'ble CAT, Guwahati Bench.

(ii) The Hon'ble Tribunal be pleased to direct the respondents to grant Dress Allowance @ Rs. 5000 /- per annum to the applicant's w.e.f. 01.07.2017 with arrear with interest@ 12% p.a.

(iii) Any other relief, which this Hon'ble Tribunal may deem fit and proper in the circumstances of the case may be given in favour of the applicants.

(iv) Award the costs of the original application in favour of the applicants.”

2. Learned counsel appearing for the applicants contended that the applicants were earlier supplied uniform with washing allowance. Prior to implementation of the recommendations of the 7th Central Pay Commission, the applicants, being industrial employees of MES, were provided Dangri (uniform) annually along with monthly washing allowance. However, the respondents discontinued the same w.e.f. 01.01.2016. Subsequently, the Ministry of Finance, Government of India, vide Office Memorandum dated 02.08.2017, decided to subsume the existing allowances relating to uniform, clothing, initial equipment, kit maintenance, robe, shoe and washing allowance into a single Dress Allowance of Rs. 5,000/- per annum w.e.f. 01.07.2017. The DoPT, vide clarification dated 31.08.2017, further clarified that Group-C and erstwhile Group-D employees of various KARAN

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Ministries/Departments, including attached and subordinate offices, who were supplied uniforms and required to wear them regularly, would be entitled to Dress Allowance of Rs. 5,000/- per annum, as the existing Uniform Allowance, Washing Allowance, Stitching Charges and Shoe Allowance stood subsumed therein. Pursuant thereto, the respondents, vide letter dated 05.06.2018, extended the benefit of Dress Allowance to civilian employees of MES, including industrial personnel, and directed subordinate offices to grant the same to industrial and non-industrial employees wearing uniforms and/or drawing washing allowance w.e.f. 01.07.2017. Accordingly, the applicants were granted Dress Allowance for 2018-19 vide order dated 01.09.2018 and for 2019- 20 vide sanction dated 07.08.2019. However, subsequently, vide letters dated 15.11.2019 issued by PCDA and the Defence Accounts Department, recovery of the Dress Allowance paid to MES industrial employees for 2017-18, 2018-19 and 2019-20 was ordered on the ground that their entitlement was yet to be decided. The applicants contend that the withdrawal and recovery orders are arbitrary, violative of principles of natural justice, having been passed without notice or opportunity of hearing, and contrary to the law laid down by the Hon'ble Supreme Court in State of Punjab and Others v. Rafiq Masih, 2015 (1) SCT 195. Learned counsel for the applicants further contends that, in view KARAN

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of the OMs dated 02.08.2017 and 31.08.2017, the applicants are entitled to Dress Allowance and the benefit already granted cannot be arbitrarily withdrawn. He further states that various coordinate benches of this Tribunal have extended the benefit to similarly situated employees, however, applicants were denied the same despite representations, leading them to file the present OA.

3. Issue notice to the respondents. Mr. T.C. Aggarwal, learned Senior Central Government Standing Counsel, appears through VC on advance service and accepts notice on behalf of the respondents and services of notice to respondents is waived off.

4. Learned counsel appearing for applicants, after arguing for some time, submits that applicants would be satisfied if direction is issued to competent authority amongst the respondents to 05.02.2026 and 30.09.2026 [Annexure A-1(Colly)]. He further submits that the issue involved in the instant case has already been dealt with by this Tribunal in OA No.966/2026 in the matter of Surendra Prakash Joshi & Ors. vs. Union of India & Ors., decided on 20.03.2026 and the instant case may be decided in terms of the same.

5. Heard with consent.

6. We have considered the matter. KARAN

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7. Recently, we have directed in an identical case i.e. OA No.966/2026 in the matter of Surendra Prakash Joshi & Ors. vs. Union of India & Ors., decided on 20.03.2026, to consider the pending representation and the present matter needs to be disposed of in the same terms.

8. In view of the submissions made herein above and without expressing any opinion on the merits of the case.

9. We are of the view that principles of natural justice would be met and hereby direct competent authority amongst the respondents to consider the pending representations for grant of dress allowance dated 05.02.2026 and 30.09.2026 [Annexure A- 1(Colly)] and take a decision by passing a reasoned and speaking order, within a period of six weeks from the date of receipt of a certified copy of the order passed today.

10. In view of above, present OA is disposed of in above indicated terms at admission stage itself.

11. Pending MA(s) also stands disposed of. No order as to costs.

[ (Rajinder Kashyap)

(Ajay Pratap Singh) Member (A)

Member (J)

/kr/

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