In the Memo dated 6.12.1978, it was clarified that the circular was issued in supersession of the earlier circular dated 26.8.1970 that the Beas Project Compensatory Allowance is admissible to those employees who joined the Beas Project upto 14.9.1972 as per decision of the Beas Construction Board and the same is number admissible to the employees of the Rajasthan State Rajasthan State Electricity Board who joined the Beas Project after that date.
The respondents herein challenged these proceedings dated 9.2.1976 and 6.12.1978 by filing writ petition before the High Court of Punjab and Haryana which was transferred to the Administrative Tribunal, Chandigarh and by the impugned order, the Tribunal quashed the same holding that these orders are discriminatory and violative of the principle of natural justice.
The rate was reduced to 14 in 1978, 12 in 1984 and further to 8 in 1987.
By the proceedings dated 8.2.1973, in the case of the employees drawn from Rajasthan, who had joined the Beas Project on or before 14.9.1972, the employees were given the option of either to have the Beas Project Compensatory Allowance sanctioned by the Rajasthan Government or to avail of the benefit of cash payment.
It appears that after the unified pay scale was made applicable by the Beas Construction Board and the benefit of cash payment was also introduced, the Rajasthan Government by proceedings dated 9.2.1976 ordered that the companycession of Beas Project Compensatory Allowance in terms of the order dated 26.8.1970 will number be applicable to the officers officials of the Irrigation Department and the Rajasthan State Electricity Board who joined the Beas Project after 14.9.1972.
The brief facts giving rise to the present appeals are as under.
The order is discriminatory and violative of Articles 14 and 16 of the Constitution.
In the case of the former, the payment was to be arranged by the Rajasthan Government directly to the employees.
They joined the Beas Project on various dates from 28.9.1972 to some time in the year 1973.
1 to 8 herein had been allowed and the impugned order dated 9.2.1976 and letter dated 6.12.1978 of the State of Rajasthan had been quashed.
The unified scale of pay was introduced with effect from 1.10.1972 on the basis Of the resolution passed by the Standing Committee of the Beas Construction Board on 14.9.1972.
The Project became the venture of Punjab, Haryana and Rajasthan after the re organisation of these States.
Aggrieved by the decision of the Tribunal, the State Government has filed the appeal by way of special leave.
The Beas Construction Board also sanctioned cash payment equal to half a months pay for every companypleted year of satisfactory service on the Beas Project to all regular employees working on the Beas Project whether drawn from Partners States Electricity Boards.
The State Government by order dated 26.8.1970 directed payment of the Beas Project Compensatory Allowance at the rate of 20 of the pay drawn subject to a maximum of 300/ rupees per month to the employees of the State of Rajasthan working on the Project.
The State of Rajasthan bears the burden of allowances of their employees appointed in this Project.
The employees drawn from Rajasthan who had joined the Beas Project on or before 14.9.1972 and who opted to have the Beas Project Compensatory Allowance as sanctioned by the Rajasthan Government at their companyt the amount of cash payment that would have become due was to be credited by the Beas Construction Board to the Rajasthan Government.
The respondents, employees of the Rajasthan State Government Rajasthan State Electricity Board were transferred on deputation to the Beas Construction Board at Chandigarh, Talwara and Slapper.
Fathima Beevi, J. These appeals by special leave are directed against the judgment and order dated 15.6.1987 of the Central Administrative Tribunal, Chandigarh whereby the writ petition filed by respondents Nos.
