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2016 DIGILAW 100 (JK)

M. Kathiresan (Major) v. Govt. of India

2016-03-11

N.PAUL VASANTHAKUMAR

body2016
JUDGMENT : N. Paul Vasanthakumar, J. This writ petition is filed praying to quash order dated 27.02.2003 rejecting claim of the petitioner seeking Bhutan Compensatory Allowance. The only reason stated in the impugned order is that during the period 14.11.1998 to 02.07.2001, the location of the Unit was Jalgaon in India, hence petitioner is not entitled to Bhutan Compensatory Allowance. 2. Learned counsel appearing for the petitioner relied upon the statement made in the counter affidavit particularly paragraph No. (e) wherein it is stated that petitioner was recommended for grant of BCA w.e.f. 27.11.2000 to 27.12.2000 vide Part-II Order No. 0/0001/2001 and submitted that the petitioner served in Bhutan while he was in Jalgaon Unit at West Bengal as a store officer and for the period he served within territory of Bhutan he is entitled to get Bhutan Compensatory Allowance, which was also paid to predecessor and successor of the petitioner. 3. In view of the admission made in the counter affidavit that the petitioner had served in Bhutan and his name was recommended for payment of Bhutan Compensatory Allowance, at-least for that period as mentioned above, the order impugned cannot be sustained. Hence impugned order is set aside and respondent No. 2 is directed to verify the period in which the petitioner served in Bhutan while he was posted at Jalgaon and pay Bhutan Compensatory Allowance to the petitioner within a period of three months from the date of receipt of copy of this order. 4. The claim of the petitioner regarding Videsh Seva Medal is also to be considered in terms of the DSR (Defence Service Regulations), which states that this medal is in recognition of service rendered outside the territories of the Union of India and persons eligible for the awards are commissioned officers, JCOs, other ranks and non-combatants (enrolled) of the Regular Army, embodied Auxiliary and Reserve Forces or any other lawfully constituted Armed Forces. The claim of the petitioner shall be considered bearing in mind Clause 699 of the DSR. 5. Respondents are directed to consider the claim of the petitioner in light of Clause 699 for grant of Videsh Seva Medal and if he is found eligible for Videsh Seva Medal the same shall be granted to the petitioner, within a period of three months from the date copy of this order is served on the respondents. 6. 5. Respondents are directed to consider the claim of the petitioner in light of Clause 699 for grant of Videsh Seva Medal and if he is found eligible for Videsh Seva Medal the same shall be granted to the petitioner, within a period of three months from the date copy of this order is served on the respondents. 6. This writ petition is allowed on the above terms. No costs.