officers in high altitude areas:
Vijay Mohan/Tribune News Service
Chandigarh, March 17.The Armed Forces Tribunal
has ruled that mere attachment with static or
non-static unit should have no bearing on sanction
of compensatory allowance for high altitude postings.
It has directed that Compensatory Field Area Allowance
(CFAA) be paid to all officers posted in high altitude
areas.
The order would benefit a large number of army
officers posted in “static” or non-combatant
establishments as well as auxiliary services like
the Border Roads Organisation (BRO).
The Compensatory Field Area Allowance was
introduced by the Fourth Pay Commission as
compensation for harsh climate and uncongenial
conditions in remote high altitude areas. Officers
posted to areas designated as field areas are
entitled to CFAA, but the Controller General Defence
Accounts (CGDA) denied it to officers posted to certain
establishments regardless of geographical location.
Allowing a petition filed by Col G Keshav seeking CFAA
sanction, the Tribunal termed the CGDA’s order as
discriminatory and imposed a special cost of Rs 25,000
on the respondents. The Tribunal also ruled that its
order shall also be made applicable to officers posted in
identical situations.
“These was no justifiable reason for not granting CFAA
to some when it has been given to others in the identical
situation. Persons posted in static units are also
the same adverse climatic conditions and isolation,
” the petitioner’s counsel, Maj K Ramesh (retd) told
The Tribune.
Observing that the pay commission did not differentiate
between static and non-static units, the Tribunal ruled
that the Centre had issued an executive instruction
under provisions of the Constitution and thus, being
statutory in nature, the executive order does not permit
administrative departments to redefine field area or
make further classification such as static or non-static.
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