IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 WA.No. 2019 of 2006(B) ---------------------- AGAINST THE JUDGEMENT IN WPC.264/2004 DATED 5.7.2006 APPELLANT: WRIT PETITIONER: ------------------------------ V. VISWANATHAN PILLAI, KKURUKKOOT HOUSE, CHINGOLI P.O., ALAPPUZHA DISTRICT-690532, RETIRED U.D.CLERK, G.R.E.F. BY ADV. SRI.P.S.KRISHNA PILLAI RESPONDENTS: RESPONDENTS: --------------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY (BRDB), SENA BHAVAN, NEW DELHI. 2. DIRECTOR GENERAL, BOARDER ROADS, KASHMIR HOUSE, DHOPO, NEW DELHI-11. 3. THE CHIEF ENGINEER, PROJECT DANTAK, C/O. 99 A.P.O. 4. THE COMMANDER, H.O. 19, DRTF, C/O. 99 A.P.O. 5. THE OFFICE COMMANDING, 504 SS AND TC (GREF), C/O. 99 A.P.O. R1 TO R5 BY ADV. SRI.JOHN VARGHESE, ASSISTANT SG & SRI.BABU KARUKAPADATH,ACGSC. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 26/03/2010, THE COURT ON THE SAME DAY, DELIVERED THE FOLLOWING: P.R. RAMAN & C.N. RAMACHANDRAN NAIR, JJ. = = = = = = = = = = = = = = = = = = = = W.A. NO. 2019 OF 2006 = = = = = = = = = = = = = = DATED THIS, THE 26TH DAY OF MARCH , 2010. J U D G M E N T Ramachandran Nair, J. Appellant retired from the service of the General Reserve Engineering Force (GREF), which is a Government of India Department. During his service, he was posted to Bhutan on 22.8.1996 and he continued there till 5.5.2000. According to the appellant, though he was entitled to Bhutan Compensatory Allowance it was declined to him during his service and after retirement. The petition made by him for payment of such allowance was declined by Ext.P1. In the first round of litigation, this Court quashed the proceedings and directed the concerned authority to consider the appellant's claim. Consequent to that, Ext.P6 order was passed again rejecting his claim. The reason for denial of the said benefit is that appellant, though posted in Bhutan, was posted to an area where the employees of 'GREF' were not entitled to Bhutan Compensatory Allowance. He challenged Ext.P6 order in the writ petition which was dismissed by the learned Single Judge against which this appeal has been preferred. WA 2019/2006 2 2. Learned Single Judge referred to the contentions stated in the counter affidavit wherein it is stated as follows: "The statements made in paras 5 and 6 are not true and correct. The petitioner is trying to mislead the Hon'ble Court by making such false statements. The true facts are submitted as follows: He was neither posted to BCA area nor served in Bhutan during his stay in 504 SS & TC, as the unit Headquarters and offices were located in Jaigaon (WB). He was posted to Non-BCA area by GREF Records, since he did not fulfill required criteria for BCA posting being a low medical category." 3. The learned Single Judge accepted the factual position stated by the respondents that the appellant was not posted to BCA area and he was stationed in Jaigaon (WB). Since appellant did not controvert the factual position by filing any reply affidavit, the learned Single Judge went by the facts stated in the counter affidavit and proceeded to decide the matter. Further, it was found from Ext.R1(e) representation filed by the appellant himself that he was posted in a NPCA area, which obviously shows that in the services in Bhutan, there were two categories of areas - one where the persons employed would get Bhutan Compensatory Allowance and the other area persons employed will not be entitled to such allowance, which is called 'Non Bhutan Compensatory Allowance Area'. WA 2019/2006 3 4. Counsel appearing for the appellant before us raised the very same contentions as were raised before the learned Single Judge. So far as the factual position remains the same that the appellant was posted in NBCA area, we find no ground to interfere with the finding of the learned Single Judge. Appellant could not also state the name of any person posted similarly along with him in the NBCA area, where such person was granted Bhutan Compensatory Allowance during his service or after his retirement. In view of the factual position stated, we do not find any merit in the writ appeal and we therefore dismiss the same. P.R. RAMAN, JUDGE) C.N. RAMACHANDRAN NAIR, (JUDGE). knc/-