MAHINDER KAPOOR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed this writ petition impugning order dated 14th September, 1994 passed by the respondents. As per this order, a sum of Rs.30,675/- was recoverable from the petitioner representing over-payment of TA/DA.

(2.) While the petitioner was posted in Command of 67 Battalion, Ajmer, he was temporarily transferred to the office of the Inspector General, CRPF, New Delhi. His aforesaid transfer in 4 spells was as under: First period of temporary transfer..................10.01.1987 to 08.07.1987 Second period of temporary transfer.18.07.1987 to 21.01.1988 Third period........................01.02.1980 to 29.07.1988 Fourth period.......................02.08.1988 to 30.09.1988

(3.) On each occasion the petitioner submitted his claim of daily allowance at full rate for 180 days only for the remaining three periods of temporary transfer/halt away from his headquarter, D.A. claim bill was submitted for 180 days on each occasion and not beyond, treating the periods as separate and distinct tours as these actually were. The total D.A. that thus was paid to the petitioner was calculated to a total sum of Rs.45,058.50 paise by the Internal Audit Party.