UNION OF INDIA Vs. DURGA DUTT SAINI

JUDGEMENT

(1.) A petty sum of Rs. 8,287.00 concerning the respondent is the subject matter of the instant writ petition.

(2.) IT is not in dispute that the respondent was working and continues to work in the Defence Accounts Department. Issue pertains to the year 2005 till the year 2010 when respondent raised a bill for reimbursement of one newspaper per day and for which he placed reliance upon an Office Memorandum dated September 13, 1996 which reads as under:- "Subject: Reimbursement in respect of Newspapers purchased/supplied to officers at their residence-guidelines regarding. It has come to the notice of this Ministry that different Departments are allowing reimbursement in respect of Newspapers and Magazines purchased/supplied to their offices at their residence subject to different ceiling amounts. Therefore, the question of issue of guidelines for bringing about uniformity in this regard has been considered in this Ministry and it has been decided that the Officers in Ministries/Departments may hereafter be allowed reimbursement of bills in respect of newspapers purchased by them at their residence as under:- <FRM>JUDGEMENT_38_ILRDLH23_2013html912013m1.htm</FRM> The officers would have option to purchase the Indian Newspaper of their choice. The reimbursement in respect of the Newspapers may be made by the respective Ministries/Departments of the officers on production of bill/cash memo by the concerned officer but in respect of Secretary/Addl. Secretary level officers, the bills can be paid directly by the Government to the newspaper agency if so desired by the Officer. The Officers will have the option to either return the old newspapers or to make a deduction from the reimbursement bill @ 15% for retaining such newspapers. No reimbursement in respect of Magazines/periodicals may, however, be allowed as these may not be permitted on individual basis but could be purchased by the Library of the Department and supplied to the officers on circulatory basis. FAs are requested to get such reimbursement regulated accordingly in their Ministry/Department. This issues with the approval of Secretary (Expenditure)."

(3.) FROM the pleadings before the Tribunal in the reply filed by the writ petitioner we do not find any stand taken as sought to be urged before us that an Assistant Accounts Officer is not equivalent in rank to a Section Officer. Suffice would it be to state that the Office Memorandum dated September 13, 1996 entitles officers upto the rank of Section Officer to be reimbursed for the price of one newspaper per day at their residence.