HISTORY OF GREF

General Reserve Engineer Force (in short – GREF) was conceptualized in 1942 under
Engineer-in-Chief (HQ Army) to deal with large scale strategic requirements, as an independent Army
Engineering Force. Subsequently, on 25th Mar 1943 formal orders issued by the Govt. of India to start
functioning from Shillong directly under the GHQ with allotment of authorization of resources including
some weapons with ammunition and transport. The full war establishment of HQ GREF under a
Brigadier (Chief Engineer) was sanctioned on 20 May 1943. Depending upon the operational priority of
tasks, manpower was allocated to the Force from time to time. As the advance into Burma began, the
nature of tasks changed and resources were re-distributed to support this phase of the war.
Accordingly, towards the end of 1944, GREF ceased to exist with an option to reinforce later .
And, by late Fifties, the geo-political scenario began to change rapidly. Then, the Government
woke up to a sad realization that the intentions of our northern neighbor were suspicious, and unless
immediate steps were taken to modernize the Defence Services, and develop our northern borders for
deployment of adequate forces, we would have to face a difficult military situation. Under these
circumstances, the GREF reemerged in 1960.
Although the enormity and versatility of GREF as well as the challenging tasks accomplished
by this Force in the services of the nation were very well recognized and praised all along the country,
terms and conditions of the soldiers remained quite disastrous. Except for strict military disciplinary
count, GREF soldiers were not being bestowed with any benefit that granted to other Corps of Army
working shoulder-to-shoulder, live under a single-roof. On top of it, continuous deployment of GREF
troops always closely beside the troublesome mountainous outposts of borderline in harsh-weather
bounded regions, without even minimum civil amenities gave rise to serious discontentment among
them. This ultimately resulted to initiate litigation by some of the members aggrieved of stringent
military punishments imposed by the executives but without any due benefits.
In 1985, the Hon’ble Supreme Court of India, after going by the pros and cons and having
taken in to consideration the role and function of GREF, it has been emphatically proclaimed that
GREF is an integral part of Indian Armed Forces and thus, the members of GREF could be held
members of Armed Forces within the ambit of Article 33 of Constitution of India, too. In the very same
judgment, the Hon’ble court had also directed that the Government might well consider the
advisability of taking steps to remove disparity, if any, in the terms and conditions of their service
like salary, ration, etc. on par with other Corps members working in GREF. Abstract from the
Judgment is made available. Accordingly, Government of India, under the directions of the Supreme
Commander – The President of India - have notified the status of GREF to be Integral Part of Indian
Armed Forces, vide a Notification dated 14 Aug 1985..
All the same, at several junctures, to avail the minimum entitlements, GREF jawans had to
move the judiciary spending hard-earned money and valuable time of judiciary, too. Nevertheless, the
well-merited parity on all significant aspects such as salary, retiral benefits, ex-service status, etc. is
still left unsettled. Obviously, it amounts to dishonoring the directives of our Supreme most Judicial
Forum. That is why, there are 1000s of Court Cases on service matters alone. No wonder, GREF
budget is largely drained off for defending such litigations without any gain, which could have been
well precluded had the authorities had a very little positive attitude in the interest of justice.
The Executive Head of GREF (Viz. DGBR), who has always been an Army Engineer Officer of
the rank of Lieutenant General, instead of taking any meaningful action to switch over the terms &
conditions of GREF as pointed out by the Apex Court, always come up with an inane reply that “since
GREF is governed under CCS Rules, the advantageous provisions applicable to Army Engineer
Officials, including the DGBR, cannot be extended to GREF personnel. With such replies, for the
last 30 years, HQ DGBR makes a feeble-but-confusing attempt to misrepresent that it is NOT
the onus of the Executive/Employer to get switched over the applicability of CSR over GREF,
as if it were the duty of GREF employees to come out of the applicability of CSR. Thus it is
evident that, on the one hand DGBR evades from the responsibility of getting removed the applicability
of CCSR, and on the other hand, they deceive all GREF men by curtailing the legitimate dues, that too
on the plea of premeditated failure on the part of Executive Head/DGBR in removing the CCSR.
With this as the state of affairs, it could be simply understood that GREF officials are subjected
to experience undue hardship and deprival of legitimate entitlements, despite the vigorous and
repeated involvement of judiciaries ever since 1985.
 JUSTIFICATION FOR GRANT OF ‘GREF SERVICE PAY’ (GSP) SIMILAR TO
MILITARY SERVICE PAY TO THE SERVING PERSONNEL OF GENERAL RESERVE
ENGINEERING FORCE UNDER MINISTRY OF DEFENCE

1. Being a case recommended for grant of a new monetary benefit in the name of ‘GREF
Service Pay’ (GSP), similar to the Military Service Pay, to the personnel of General Reserve
Engineering Force (GREF) under the Ministry of Defence, certain aspects are essentially
required to be clarified. Therefore, the most relevant points related to GREF, are submitted
as under in the form of Justification for grant of ‘GREF Service Pay’ (GSP) to the personnel of
General Reserve Engineering Force:-

(a) General Reserve Engineer Force (GREF) is a Force raised by the Central
Government during 1960 and maintained for the primary and ultimate purpose of
fulfilling the military operational engineering requirements, especially in the toughest
mountainous and border areas, in order to strengthen the defence preparedness of the
nation, with additional responsibility to carry out civil construction works of national
importance, as and when spare capacity is available after meeting the defence needs.

(b) The GREF is organized on army pattern in units and sub units with distinctive
badges of rank and a rank structure equivalent to that in the Army and with a proper
military command and control channel from the top most Directorate General level to
the lowest Platoon and Detachment level.

(c) The GREF permanently consists of two categories of service personnel i.e. the
directly recruited GREF officers/personnel and the regular Army officers/ personnel
who are posted to GREF on Extra Regimental Employment (ERE) [i.e. duly
treated as absolutely regular posting within the Army itself). Both these categories of
troops are working shoulder to shoulder in the same Organisation in same
working conditions, holding identical posts under the same command, with
entirely same responsibilities and with a single vision and the sole purpose of
the defence of the nation. Army personnel are posted in GREF according to a
deliberate and carefully planned manning policy evolved with a view to ensuring
the special character of GREF as a Force intended to support the Army in its
operational requirements.

(d) The GREF personnel are recruited on the military pattern, after passing through the
laid down rigorous physical fitness test and medical examination only. They are
bestowed with proper uniform and specific rank structures equated with the Army
ranks. GREF personnel are imparted with proper training on military discipline
including drill, physical training, combat engineering training which include field
engineering, handling of service explosives, camouflage, etc. on the organized military
pattern, by the military personnel at GREF Recruitment & Training Centre, which is
also modelled and functioning similar to an Army Regimental Centre. They are also
given professional trainings in the College of Military Engineering (CME) alongwith
other regular combatants of the Indian Army.

(e) GREF personnel spend their entire service on the strict military pattern, as they are
permanently subjected to the strict and stringent military discipline, from the very
moment of their enrolment in the Force, under the legal authority of the Ordnance
published by the Govt of India vide Statutory Routine Orders (SRO) No. 329 and 330
both dated 23 Sep 1960 vide which the provisions of Army Act 1950 and Army Rules
1954 have been made applicable to the GREF personnel, with only some exceptions
mainly related to the enrolment and retirement. They are liable to be tried by Court
Martial (i.e. by the military court). This applicability of Army Act and Army Rules to
GREF personnel, is over and above the provisions of CCS Rules made applicable to
them.

(f) GREF is permanently placed under the command of a highly ranked military
Commander of the rank of Lt General of the Corps of Engineers of the Indian Army,
who is the Director General Border Roads (DGBR).

(g) The primary and ultimate aim of GREF and its troops (consisting both the directly
recruited personnel as well as the regularly posted Army personnel) are to
uninterruptedly provide the most crucial ground engineering support to the combat
echelons of our Armed Forces, both in peace and also in times of war, not only within
the borders but even beyond the borders as per the requirement of the fighting troops,
in order to ensure the success of the military operations for securing the sovereignty
and integrity of the nation.

(h) Military operations are planned and carried out considering the immediate
availability of GREF units positioned in different areas, so as to ensure its quickest
support to the combat echelons for its operations. GREF is very much included in the
‘ORBAT’ (Order of Battle) of the Indian Army alongwith other Armed Force
Units/Formations, which is one of the most crucial military documents exclusively
meant for the planning and execution of military operations.

(j) From the very inception of GREF in 1960, the Force was placed under a separate
body called Border Roads Development Board (BRDB) [after which GREF also came
to be known as BRO] which was attached to the Ministry of Road Transport &
Highways for budgetary purpose. Nevertheless, the entire administrative and financial
control of the Force was always vested with the Ministry of Defence only. However,
after a very long thought process and deliberation at the highest level, the Govt of
India, in the best interest of the defence of the nation, finally brought the Force
completely under the command of the Ministry of Defence, by virtue of Order
dated 09 Jan 2015, making it clearly a Defence Force and thereby removed the
biggest hurdle of resolving the service related issues of the GREF soldiers.

(k) Having been fulfilling the basic fundamental organisational purpose/ sovereign duty
of strengthening the Defence of the nation, GREF, as a Force, has actively participated
in every military operations the country has carried out ever after independence,
including the Indo-China war – 1962, Indo-Pak war – 1965, Indo-Pak war – 1971,
military operations to defeat the movements of anti-national armed militants in Mizoram
in 1966 and in Assam in 1980s and 1990s, Indian Peace Keeping Force (IPKF)
operation in Sri Lanka (Operation ‘Pawan’), Indo-Pak Kargil conflict – 1999 (Operation
‘Vijay’), etc., duly providing the strategically most crucial ground engineering support to
the fighting troops, by constructing and maintaining the Military Operational Tracks,
Roads, Bridges, Helipads, Airports, Border-Fencings, Fire Trenches, Bunkers, Ditch-
cum-Bunds (DCBs), Field Fortifications, etc. in the toughest terrains and in the worst
serving conditions. The Force still continues to play very crucial roles in various other
Counter Insurgency military operations against the terrorist groups/Anti National
Elements (ANEs) in the military infested border States and is also engaged in the
action of defence preparedness along the highly sensitive border areas. With these
strategically most crucial engineering supports provided to the fighting troops, the
direct role being played by GREF troops for execution of military operations by the
combat wing of our Armed Forces, is of extremely immense importance for the
defence of the nation.

(l) After considering every single aspect related to GREF (such as the history of the
Force, composition, administration, organisational set up, the roles being played/ to be
played by GREF (both during peace as well as in war), the Command & Control
 system of the Force, Recruitment & Training method of its soldiers, etc.), the high
powered Five-Judge Constitution Bench of the Honourable Supreme Court, in a
historic verdict dated 06th May 1983 (in the case of R Viswan and Others Vs Union of
India and Others), categorically declared that GREF is an integral part of Armed
Forces and GREF personnel are legitimately Armed Force personnel within the
meaning of Article 33 (Article 33 empowers the Parliament to determine to what
extent the fundamental rights of ‘Armed Forces personnel’ is to be restricted or
abrogated). The Honourable Supreme Court, in its landmark Judgement, has
also given a clear direction to the Union Government that “in case it is found
that the terms and conditions of service of officers and men directly recruited or
taken on deputation are in any way less favourable than those of Army
personnel appointed to the same or equivalent posts in GREF, the Central Govt
might well consider the advisability of taking steps for ensuring that the
disparity, if any, between the terms and conditions of service, such as, salary,
allowances, rations, etc. of Army personnel posted in GREF and other officers
and men in GREF is removed”.

While declaring GREF as an integral part of Armed Forces and GREF

personnel as Armed Forces personnel, the Hon’ble Apex Court has also made it very
clear that “There can be no doubt that without the efficient and disciplined
operational role of GREF the military operations in border areas during peace as
also in times of war will be seriously hampered and a highly disciplined and
efficient GREF is absolutely essential for supporting the operational plans and
meeting the operational requirements of the Armed Forces”.

2. Duly honoured the Supreme Court verdict, President’s Executive Order declaring that
“GREF is an integral part of the Armed Forces of India”, has also been published vide Govt
of India letter No. F.81(I)/64-Estt/70463/ DGBR/E2A (T&C) dated 14 Aug 1985, in
consultation with Judge Advocate General of India.

3. In addition to the above, the Central Administrative Tribunal (CAT), set up by the Govt
of India for dealing with the cases of Central Govt employees, has further clarified the above
mentioned Supreme Court Order and held that the GREF personnel, having been declared as
Armed Forces personnel by the Supreme Court, do not fall within the jurisdiction of CAT for
seeking justice and GREF is clearly a part & parcel of the Indian Army.

4. It is pertinent to submit here that though the provisions of Army Act and Army Rules
are applied on the members of GREF from inception of the Force itself under the legal
authority of the Ordnance published by the Govt of India vide SRO 329 and 330 both dated
23 Sep 1960 and all other related facts as submitted above, as far as the terms &
conditions for the service benefits are concerned, CCS Rules 1965 have been made
applicable to them. Except where specifically provided otherwise, GREF personnel are
governed, for purpose of pay, allowances and TA, leave, injury benefits, etc., etc., by
the rules applicable to “non-industrial civilians of the Defence Services”, in ccordane
with Govt of India, Ministry of Surface Transport, BRDB letter No. F.81 (I)/1964-Pers dated 20
Nov 1969, as incorporated at Para 27 of Border Roads Regulations (under the guidance of
which the Organisation functions). The same Para 27 also lays down that “However, the
pay scales and allowances granted to GREF personnel is a matter of policy which is
decided by the Govt from time to time”.

It is also worthy to mention here that the above mentioned Clause was incorporated
in the BR Regulations based on the Govt of India letter dated 20 Nov 1969, when the status
of the Force and its troops (GREF personnel) was not lawfully defined/decided by any Court
of Law. But, after the historic verdict of 06 May 1983 issued by the Five-Judge Constitution
Bench of the Hon’ble Supreme Court in which the GREF has been declared as an integral
part of the Armed Forces and GREF personnel as Armed Force personnel and also after the
issue of the Presidential Order vide Govt of India, BRDB letter No. F. 81 (I)/64-
Estt/70463/DGBR/E2A (T&C) dated 14 Aug 1985, duly declaring GREF as an integral part of
the Armed Forces, continuation of treating the GREF personnel at par with “non-industrial
civilians of Defence Services” for the purpose of pay & allowances and other service benefits
(as per the provisions of the said BRDB letter dated 20 Nov 1969), is not a justifiable action.
The clear-cut verdict of 06 May 1983 issued by the Honourable Supreme Court effectively
makes any other status hitherto imposed on the GREF personnel (i.e. to say “non-industrial
civilians from Defence Service”, etc.) as absolutely null and void and the true status that
remains is that the “GREF personnel are Armed Force personnel”. It is also to be taken
into account that not even a single line of the facts mentioned at Para 1 to 3 above about
GREF, is applicable to the ‘non-industrial civilians from defence service’. As such, it is
absolutely baseless, illegal, immoral, non-maintainable and therefore, is equally unjustifiable
for a responsible and sensitive democratic Government to treat the GREF personnel as ‘non-
industrial civilians’, etc. any more, for any purpose, since such a treatment is absolutely
humiliating for them and also causing denial of their most deserving service benefits as
applicable to the Armed Forces personnel.

5. In yet another case, the Division Bench of Honourable High Court of Punjab and
Haryana in the matter of Smt. Bachan Kaur Vs UoI & Ors held that “In
P.Chandra Mouly’s case (Supra) also the Hon’ble Supreme Court relying upon
R.Viswan’s case observed that the position was now fully settled that members of
GREF were part and parcel of the Armed Forces as the provisions of the Army Act
were applicable to them. To our mind, the observation of Singhvi,J, that the
judgement in R.Viswan’s case would have to be read only in the context of the
applicability of Article 33 of the constitution to the members of the GREF, is to our
mind without basis in the light of the two judgments of the Hon’ble Supreme Court.
We, therefore, held that members of the G.R.E.F are members of the Armed Forces for
the purpose of laying claim to pension and other retrial benefits and should a dispute
arise, this court has the jurisdiction to entertain and decide the same in exercise of its
jurisdiction under Art 226 of the constitution. We are, therefore, of the opinion that
Datta’s case (Supra) has not been correctly decided and is accordingly over-ruled”.

6. In this context, it is further submitted that the Hon’ble Supreme Court, in its Judgement
in the matter of Randhir Singh Vs UoI and Ors reported in AIR 1982 SC 879 , has ruled that
“It is true that equation of posts and equation of pay are matters primarily for the
executive Government and expert bodies like the Pay Commission and not for Courts
but where all things are equal, that is, where all relevant considerations are the same,
persons holding identical posts may not be treated differentially in the matter of their
pay merely because they belong to different departments. Ofcourse, if officers of the
same rank perform dissimilar functions and the powers, duties and responsibilities of
the posts held by them vary, such officers may not be heard to complain of dissimilar
pay merely because the posts are of the same rank and the nomenclature is the same”.

7. Besides all the above facts, various High level Parliamentary Committees in the past
have also recommended that the disparities in terms and conditions of service between the
GREF and Army personnel should be removed. However, except some case-to-case
sanctions accorded in the past, like extension of leave and authorisation of ration at Army
scale to the GREF personnel, no remarkable achievement has been yielded in the direction
of adherence of the Honourable Supreme Court direction for removal of disparities in terms &
conditions of service, such as salary, allowance, rations, etc. of Army personnel posted in
GREF Units and other officers and men in GREF.

8. COMPARISON OF THE PROPOSED ‘GREF SERVICE PAY’ (GSP) WITH OTHER

ALLOWANCES. Almost all the allowances paid to the personnel of General Reserve
Engineering Force (GREF) while deployed/posted at different locations are area-specific/risk-
related. Most of them are termed as ‘compensatory’. In other words, such allowances are
granted as a compensation vis-à-vis the amount of hazard and hardship which the troops
are exposed to. The Special Duty Allowance (SDA) paid in NE Region is a policy decision /
special dispensation by the Govt of India keeping in view the paramountcy of development
and promotion of North Eastern states, besides in consideration of the stress & strain
involved while discharging the duties at isolated / remote NER outposts. As regards HRA
paid to the GREF personnel, it is needless to mention that, said allowance is the part of
original terms & conditions of GREF service, which was introduced in the Department w.e.f
1989 in pursuance to an exclusive Govt Orders notified after duly taking in to account various
facts & circumstances, such as acute limitations in providing specified accommodation
facilities, deployment along tough terrains devoid of even basic amenities, availability of
similar benefit to co-deployed army counterparts always, so forth.

9. MERIT AND DESERVEDNESS OF GSP TO GREF PERS. Apart from the nature of
duties assigned to GREF Units, the compulsory and continuous stay of GREF troops at far
flung isolated out posts / ill-privileged mountainous stations is no way comparable to that of
any other services / Govt departments / PSUs where the officials do remain mostly posted at
city/town/privileged localities with all civil amenities to enjoy undisrupted family life. Whereas,
out of their average 30 years service period, GREF officials are bound to stay away the
privileged areas but in hills and deserts for 25 years of more, enduring hostile weather
conditions sacrificing family life not only by the employees but their kith and kin as well. With
the result, it could be well appreciated that, at the time of retirement, GREF
personnel get variety of ailments. Furthermore, it may be observed that death toll in GREF is
really alarming, reportedly as brought out by the High Level Committee once constituted at
HQ DGBR during 2007-08, in turn who had also strongly recommended the grant of GSP to
GREF personnel.

Duly considering the genuineness and deservedness, the Govt of India has granted
the entitlement of leave and authorisation of ration at Army Scale to GREF personnel in the
past, as per the recommendation of the Directorate General Border Roads. They are also
entitled to the CSD facilities as applicable to the Defence service persons from the inception
of the Force.

10. Additional Point. Further, it may please be seen from the 7th CPC Report
(Paragraphs 8.17.115 to 8.17.118) that, All India Service (AIS) Officers when posted to NER
are granted 30% SDA in view of a significant fact they are required to work in North Eastern
Cadres/areas for considerable periods of time, irrespective of their choice. If seen on the
same analogy and in right perspective, GREF personnel also remain posted to NE
Region/State for lion share of their service time, but are entitled to get lower rate of SDA @
12.5% (now 10%). Similarly, a detailed study of 7th CPC Report would reveal that many
government departments have been identified for being granted one or other special
allowance in recognition of the typical characteristic feature of that particular department.

11. It has been categorically clarified and ratified by several judiciaries including Hon'ble
Apex Court that GREF is discharging sovereign function of the country. With this as a
material fact, granting GREF Service Pay to GREF personnel is legitimately due and proper.

12. In the light of the strong facts and merits as brought out in preceding paragraphs, it is
strongly recommended that the GREF Service Pay may be granted to the GREF personnel
on similar lines of Military Service Pay (MSP) with effect from the date MSP was introduced
and at the same rate, without imposing any conditional clauses or comparison to other
compensatory allowances, which would be certainly a great recognition for an elite
organization like GREF and a well-deserving boon to its employees.
Station : New Delhi (US Srivastava)
Jt Director (Admn)
Date : _____ Mar 2018 Jt Director/ E1D
 ********************************
********************************

It is also to be noticed with utmost importance that while deciding the status of GREF
as integral part of Armed Forces of the Union of India and GREF personnel as Armed Force
personnel, the Honourable Supreme Court has made the following points abundantly clear in
its verdict dated 06 May 1983 (wordings of the Honourable Supreme Court are quoted) :-

(i) “So far as the personnel of GREF are concerned, they are partly drawn from
the Army and partly by direct recruitment. Army personnel are posted in GREF
according to a deliberate and carefully planned manning policy evolved with a
view to ensuring the special character of GREF as a Force intended to support
the Army in its operational requirements. The posting of Army personnel in
GREF Units is in fact regarded as normal regimental posting and does not entitle
the Army personnel so posted to any deputation or other allowance and it is
equated with similar posting in the Army for the purpose of promotion, career
planning, etc.” The Honourable Supreme Court has further added therein that “the
Army personnel form an important segment of GREF”.

(ii) “It is also a factor of vital significance which emphasizes the special
character of GREF as a Force intended to provide support to the Army in its
operational plans and requirements that Army personnel are posted in GREF
Units according to a carefully planned manning policy so that GREF Units can in
times of war or hostilities be able to provide effective support to the Army”.

(iii) “The posting of Army officers and men in GREF is done, not on any adhoc
basis, but in accordance with a well thought out manning policy laid down by the
Government of India for the purpose of maintaining at all times and at all levels
the special character of GREF as a Force designed to meet the operational
requirement of the Army”.

(iv) “The General Reserve Engineering Force (GREF) is organized on army

pattern in units and sub units with distinctive badges of rank and a rank
structure equivalent to that in the Army”.

(v) “The tasks which are to be carried out by GREF comprise not only
maintenance of strategic roads but also support for the operational plans of the
Army in place of Army Engineer Regiments”.

(vi) “The history, composition, administration, organisation and role of GREF

which we have described above while narrating the facts clearly show that GREF
is an integral part of the Armed Forces”.

(vii) “GREF is distinct from other construction agencies such as Central Public
Works Department etc. in that it is a Force intended primarily to support the
army in its operational requirement”.
 (viii) “There can be no doubt that without the efficient and disciplined operational
role of GREF the military operations in border areas during peace as also in
times of war will be seriously hampered and a highly disciplined and efficient
GREF is absolutely essential for supporting the operational plans and meeting
the operational requirements of the Armed Forces”.

Regarding the applicability of the provisions of CCS Rules to GREF personnel,

it may also be seen that this particular issue was also thoroughly considered by the
Honourable Supreme Court while deciding the status of GREF personnel and the apex
court categorically stated that the applicability of CCS Rules to GREF is not
determinative of the question whether they are Armed Forces personnel.

It is, therefore, our submissive prayer before your honour to intervene in

the matter so that GREF is redeemed at your blessed hands!

####

FURTHERMORE, it is also submitted that :-

1. A latest instance is explained below, which reveals that HQ DGBR is absolutely

reluctant in the furtherance of GREF personnel irrespective of repeated directions of various
Hon’ble Court(s) of Law.

2. That, In the matter of Special Compensatory Counter Insurgency Allowance (SCCIA),

there are altogether five lawsuits those have been decided in favour of the plaintiffs, namely
aggrieved GREF officers/personnel. Details of all such lawsuits are as follows :-

Ser Judgments / Operative Portion / Relevant Text from

No Reference the Judgment Verbatim
(a) SWP 910/2004 “In so far as the status of the petitioners as integral part of Armed
in HC, J&K, at Forces is concerned, the same has not been disputed or denied. It
Jammu. is also not disputed that the petitioners are working in counter
Decided on 05 insurgency areas along with the Armed Forces. Under these
Aug 2005. circumstances, they (the petitioners) having been declared as
Titled : Bhola integral part of Armed Forces CANNOT be denied the
Nath & Ors Vs allowances as are paid to the Armed Forces for their posting
UoI / BRDB / at such designated Op areas. The petition is accordingly
DGBR, etc. disposed of with a direction to the respondents to consider
the claim of petitioners for grant of various compensatory
allowances as payable to Armed Forces personnel.”
(b) SWP 1511/ “The issue involved in the present case has thus already been
2004 in the settled by this Court. Find no ground to take a different view.
HC, J&K, Accordingly, the petition is disposed of on the terms of the
at Srinagar. aforementioned authority and the respondents are directed to
Decided on 19 consider the claim for grant of various compensatory
Feb 07. Titled allowances. Let the consideration be accorded within four
A Rajendran & months and if the petitioners are found entitled to their claims, the
Ors Vs. UoI benefit be released in their favour within two months thereafter.” *
*Meanwhile the payment of SCCIA to ERE officials in BRO had to be discontinued based
on an audit objection raised by CAG in 2007. As such, decision on entitlement of SCCIA
to similarly situated GREF personnel also gone suspended. Consequently, the aggrieved
ERE officials also took recourse of having litigations before various AFTs including WP
(C) No 7856/2008 in Pr Bench Delhi and OA No 144/2011 in AFT, Chandigarh.
(c) Contempt Motion came to be declined by the Court having relied upon a
(SWP) 154 / Speaking Order dated 04.03.11 presented by the Respondent
2007 in SWP wherein it was stated that; “as brought out by Army HQ, the Army
910/2004 at HC, personnel posted in BRO are not entitled to SCCIA” and that;
J&K, Jammu. “recovery action for irregular payment made to Army officials is
Titled Bhola being made. Hence, GREF officials cannot be entitled for same,
Nath Vs UOI since there is no change in the situation.”
** Concurrently, both the AFT writ petitions WP (C) 7856/2008 and OA 144/2011 decided
in favour of the plaintiffs on 25.02.10 and 19.04.11 respectively. [This fact not found
mentioned anywhere in BRDB’s Speaking Order dated 04.03.2011 for reason best known
to the Respondents]. However, on 16 Jan 2012, the AFT decision was upheld by the
Apex Court, and thus implemented as expeditiously as possible on 18-02-2014. Also
requisite implementation orders were rightfully published on the BRO website in the
month of Mar 2014.
(d) Cont 193/ 2009 The Judgment reads - “In view of the AFT Orders, Counsels for
in SWP 1511/ the Parties made a joint submission that the present Cont petition
04 in the HC, may be disposed of directing the respondents to reconsider the
J&K, at Srinagar matter on the basis of the order passed by Pr Bench AFT,
decided on 06- Delhi on 25-02-2010, as also in view of the observations made by
04-2010.Titled : this Court (HC, J&K) in the aforementioned judgment in SWP
A Rajendran & 1511/2004. Accordingly, the Contempt Petition is disposed of with
ors Vs UOI. a further direction to the respondents to reconsider the issues
involved within two months.”
 (e) COD (SWP) However, the Respondents filed a Review Appeal before the HC,
1661/2010 c/w J&K, Srinagar vide COD 1661/2010. On 19-10-12 the Appeal was
SWP 1511/04 dismissed with an observation that, “NO ground for review is made
in HC, JK, out, as vide Order dated 06.04.2010 contempt petition was
Srinagar disposed of with a direction to the respondents to reconsider the
decided on issue involved in a period of two months”. Prior to this, the Review
19-10-2012. Petition filed before the Apex Court against AFT, Chandigarh
Order was also dismissed on 16 Jan 12. [Later in 2013, Sh. A
Rajendran, SAO the main petitioner in SWP 1511/04 passed away
from our world giving-in himself to the ultimate destiny, and not
desperately waiting to see a favourable decision from HQ DGBR].
(f) SWP 357/2014 In this WP, Counsel for the petitioners had highlighted all the
in HC, J&K, significant points including the non-compliance of earlier Court
Jammu directions, inter-alia emphasizing the fact that entitlement of
decided on 24- SCCIA to Army officials in BRO has been restored and
02-14 Titled : released as such. In turn, on the very day of first transaction on
K Venugopalan 24-02-14, having been waived of the Notice by ASGI, the Court
& Ors Vs UOI pronounced the Judgment as follows - “It is not disputed that the
Petitioners are working in counter insurgency area along with
armed forces and exposed to same occupational hazards as army
personnel deployed there. This petition is accordingly disposed of
at the very threshold stage by directing the respondents to
consider the claim of petitioners for grant of special allowance for
being posted in the areas declared CI (Op) notified for grant of
said allowance payable to armed forces. The consideration Order
shall be passed within three months in terms of rules occupying
the field and also keeping in view the earlier directions passed by
this Court in SWP 910/2004 & 1511/2004.”

3. Moreover, the Govt. of India, vide Min of Fin ID No 9 (8)/2012-E-II (B) dated 02 Dec
2013, through ADGPS/AG Br, IHQ, MoD (Army), have advised HQ DGBR to submit a
comprehensive proposal seeking formal approval in the matter of SCCIA, so that other
personnel of BRO (GREF) Units employed in designate operational areas can be benefitted
by the same judgments, with an object to avert further litigations by the similarly situated
incumbents. Albeit, HQ DGBR did not act upon such Government advice in right
perspective, whereas whiling away by forwarding proposal for extending SCCIA to the ERE
personnel alone who are already drawing said SCCIA while posted to designate op areas.
4. From the facts and circumstances vividly clarified above, it could be plainly inferred
that HQ DGBR / Executive Authorities are least bothered of the well deserving entitlements
of GREF employees, let alone the welfare aspects of the troops, irrespective of repeated
directions by several Judicial Forums, beside the respective Ministries from time to time.

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