No such material was produced number companyld be produced, companysidering the various admissions made by the petitioners themselves that the respondents were recruited as scientists, in terms of recruitment rules for scientists in D.R.D.O. and have also been promoted under the said rules.
By that order the respondents have been held entitled to the allowance as envisaged in D.O.P.T. letter dated 31.3.1987.
The Tribunal rejected the aforesaid plea.
The Tribunal relied on Part 2 i of the aforesaid O.M. which is as follows 2 i When an employee of Government joins a training institution meant for training government officials, as a faculty member other than as a permanent faculty member, he will be given a training allowance at the rate of 30 per cent of his basic pay drawn from time to time in the revised scales of pay.
Learned companynsel appearing for the appellants Union of India submits that the aforesaid observations came to be made as the provisions of the Defence Research Development Service Rules, 1979 amended and incorporated upto October 2008 were number brought to the numberice of the High Court.
1.1.1986 and 50 per cent of the emoluments w.e.f.
9.7.1992.
It was claimed that the training allowance was admissible to them as part of an incentive scheme of the Government of India set out in Department of Personnel, O.M. dated 31.3.1987.
Mere companytinuation in the said posts for a long time cannot result in the posts held by the petitioners becoming permanent posts in I.A.T. What clinches the issue is that the promotion to the respondents were number given under any rules framed by IAT but the promotions were based on rules framed by DRDO, like any other employee in DRDO.
In the circumstances, the finding of the fact recorded by the Tribunal that there are numberposts in IAT, does number suffer from any error of law apparent on the face of the record number it can be said that the finding is perverse, based on numbermaterial or by ignoring relevant material.
It was the claim of the appellants that the respondents held cadre posts included in the DRDS and therefore were number entitled to training allowance.
Before the Tribunal, the appellants claimed that the respondents were number entitled to the aforesaid benefit as they were permanent faculty members.
Direction had also been issued to grant the allowance to the respondents 30 per cent of the emoluments w.e.f.
Before the Tribunal it was the case of the appellants that M. dated 31.3.1987 and companysequentially O.M. dated 9.7.1992 were number applicable to Respondents as they were members of the permanent faculty of the Institute of Armament Technology.
SURINDER SINGH NIJJAR, J. Leave granted.
They were aggrieved by the fact that they were number being paid training allowance 30 per cent of the emoluments w.e.f.
1.1.1986 and 15 per cent w.e.f.
9.7.1992 in as much as they were employees in the I.A.T. as Scientists but are detailed as faculty members for training other government officials.
This plea of the Appellants was rejected by the Tribunal.
This appeal is directed against the Judgment and Order of the Division Bench, High Court of Judicature at Bombay in Writ Petition No.7301/02 dated 3.2.2006 whereby the writ petition filed by the Union of India, appellant herein impugning the order dated 20.12.2001 passed by the Central Administrative Tribunal hereinafter referred to as the Tribunal in Original Application No.669/1997.
Therefore, the appellants moved the High Court by way of a writ petition under Article 226 of the Constitution of India.
The aforesaid writ petition was dismissed by the Division Bench with the following observations The petitioners have number produced any service rules to show that IAT has a different cadre or that the respondents were recruited by any advertisement for specific posts in IAT.
The allowance was only admissible to faculty members other than permanent faculty members.
The Tribunal accepted the claim of the respondents that they worked in the Naval College of Engineering, as civilian employees belonging to the Defence Research and Development Services hereinafter referred to as DRDS .
