In Brief
The Supreme Court addressed whether a Delhi High Court clarification judgment unlawfully expanded the scope of its original order regarding compensatory allowances for Indian Military Training Team (IMTRAT) personnel in Bhutan. The original order directed retrospective implementation of a 1999 Cabinet decision removing depression on the Bhutan Compensatory Allowance (BCA) while recovering nominal charges. The clarification judgment had directed parity with the Foreign Allowance (FA) paid to MEA diplomats. The Court held the clarification exceeded the original order's scope, as 'civilian counterparts' referred to non-military deputationists, not MEA personnel. The Court found BCA and FA incomparable due to different service conditions and duties. However, recognizing IMTRAT's difficult operational environment near China, the Court directed removal of the 6% and 4% depression on BCA for Service Officers and PBORs respectively.
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