KRISHNAMURTHY DM Vs. UNION OF INDIA

JUDGEMENT

(1.) Validity of memorandum dated 19- 1-1974 of P & T Board, New Delhi, by which petitioner has been denied deputation allowance for the period he worked in that department in Karnataka is questioned in this writ petition.

(2.) Admittedly, petitioner is a personnel borne on Central Public Works Department (hereinafter referred to as CPWD'). P&T Department had no Engineering Wing to carry on its work. Personnel from C.P.W.D. were being drafted on deputation to P&T Department for executing Engineering works. As per letter No. 1(2)/60-EWI dated 22-6-1963 Officers including work charged staff belonging to C.P.W.D. working in P&T Wing were transferred to P&T Department on the same scales of pay and allowances as those applicable to them while working in C.P.W.D as it started its own Civil Engineering Wing of the Department with effect from 1-7- 1963. On 5-7-1972 it was decided to repatriate personnels of C P.W.D. in phased programme and to recruit staff of its own. While, process of absorption after giving notice of option or repatria- ion was still under consideration, Sr i S. L. Ahuja, Engineer Officer (Civil), Office of the D.G. P & T., New Delhi, in his letter dated 19-2-1970 addressed to Sri V. R. Sourirajan, Executive Engineer, Civil Division, (P & T), Madras, conveyed revised policy of Government of India regarding payment of Deputation (Duty) allowance, enclosing a copy of Government of India letter dated 27-1-1970, wherein varied rates of Deputation (duty) allowance is specified. Four years later, P & T Department has restricted payment of deputation (duty) allowance to only such of those who are deputed subsequent to 1.7.1963 denying same privilege or benefit to personnel deputed earlier, vide Memorandurn dated 19.1.1974, Annexure-B. Relevant portion of this memorandum reads thus:

(3.) After taking into account the decisions taken in the above meeting, the President is pleased to decide in supersession of all previous orders and instructions on the subject that :- :