Saurabh kumar and other vs DEFENCE on 4 November 2026

O R D E R

Heard Shri Manoj Kumar Upadhyay along with Shri Sachin Upadhyay, learned counsel for the applicants and Shri Chakrapani Vatsyayan, learned counsel for the respondents.

2. Learned counsel for the applicants submits that all the 17 applicants are working under the Military Engineer Services (MES), Kanpur Cantt., at different posts and belong to the category of industrial employees who were earlier provided Dangri (Dress) on a yearly basis along with washing allowance. However, pursuant to the recommendations of the 7th Central Pay Commission, the respondents discontinued the earlier arrangement and introduced Dress Allowance in lieu of various allowances vide SUSHIL KUMAR SRIVASTAVA

Government of India, Ministry of Finance, O.M. dated 02.08.2017, at the rate of Rs.5,000/- per annum with effect from 01.07.2017.

3. It is further submitted that in terms of the subsequent clarification issued by the Department of Personnel and Training vide O.M. dated 31.08.2017, the rate of Dress Allowance is required to be enhanced by 25% whenever the Dearness Allowance increases by 50%. Accordingly, when the Dearness Allowance reached 50%, the applicants became entitled to an enhanced Dress Allowance of Rs.6,250/- per annum with effect from 01.01.2024, thereby making them entitled to arrears of Rs.1,250/- per annum for the period from 2024 to 2025.

4. Learned counsel further submits that in an earlier round of litigation, this Tribunal, vide order dated 01.04.2025 passed in OA No.1413/2024 along with OA No.260/2025, directed the respondents to consider the grievances of the concerned employees and decide their representations by passing a reasoned and speaking order. Pursuant thereto, the respondents released Dress Allowance at the rate of Rs.5,000/- per annum for the period from 2017 to 2024. However, the enhanced rate of Rs.6,250/- per annum has not been extended to the applicants, nor have the arrears of Rs.1,250/- for the period from 2024 to 2025 been paid.

5. It is also contended that the applicants submitted further representations dated 31.07.2026 and 19.09.2026 before the competent authorities, but no decision has been communicated thereon so far. The respondents are also under an obligation to continue payment of Dress Allowance at the enhanced rate till the applicants' respective dates of retirement.

6. In view of the aforesaid facts and circumstances, learned counsel for the applicants prays that the respondents be directed to continue payment of Dress Allowance at the enhanced rate of Rs.6,250/- per annum from the SUSHIL KUMAR SRIVASTAVA

year 2025 till their retirement, along with consequential arrears and further to release arrears of Rs.1,250/- per annum for the period from 2024 to 2025.

7. Per contra, learned counsel for the respondents vehemently opposes the claim of the applicants and submits that the applicants are not entitled to the reliefs claimed in the present Original Application. He further submits that the grant and enhancement of Dress Allowance are subject to the terms and conditions prescribed under the relevant Government Orders and instructions issued by the competent authority. It is contended that the applicants cannot claim any benefit dehors the applicable rules and their claim is not liable to be accepted merely on the basis of their own interpretation of the relevant instructions.

8. Having considered the submissions advanced by learned counsel for both parties and perused the material available on record, the Tribunal find that the grievance of the applicants primarily relates to the non-grant of enhanced Dress Allowance at the rate of Rs.6,250/- per annum in terms of the Government instructions dated 02.08.2017 and subsequent clarification dated 31.08.2017. The applicants have also claimed arrears arising out of the alleged enhancement of the Dress Allowance with effect from 01.01.2024.

9. It is evident from the submissions that the applicants have already approached the competent authorities by submitting representations ventilating their grievances. However, the claim of the applicants involves examination of the relevant Government Orders, instructions and their applicability to the respective applicants, which is required to be considered by the competent administrative authority in the first instance.

10. In view of the aforesaid facts and circumstances, without expressing any opinion on the merits of the claim of the applicants, we deem it SUSHIL KUMAR SRIVASTAVA

appropriate to dispose of the present Original Application with a direction to the competent authority amongst the respondents to consider and decide the pending representations of the applicants dated 31.07.2026 and 19.09.2026, by passing a reasoned and speaking order, in accordance with the relevant rules, Government Orders and instructions, within a period of three months from the date of receipt of a certified copy of this order.

11. The competent authority shall also examine the applicants' claim regarding enhancement of Dress Allowance and consequential arrears, in the light of the applicable instructions.

12. With the aforesaid directions, the Original Application stands disposed of. There shall be no order as to costs.

13. There shall be no order as to costs.

All pending M.As, if any, shall be treated as disposed of.

(Justice Rajiv Joshi) Member (Judicial) Sushil SUSHIL KUMAR SRIVASTAVA