JUSTICE NARINDER SINGH RAO Vs. UNION OF INDIA

JUDGEMENT

(1.) . By this writ petition, the petitioner a retired Judge of Patna High Court and presently a member of the Kaveri Water Disputes Tribunal, seeks to challenge the decision of the respondent communicated through their letter dated 10/13-2-1995 intimating the petitioner that as per provis to to Rule 7-C of the High Court Judges Travelling Allowance Rules, 1956 (hereinafter called the Rules) no transfer/travelling allowance is admissible to the petitioner since the amount of transfer allowance claimed after retirement was less than the amount already claimed by the petitioner on leave travel concession under Rule 7-A. of the aforesaid Rules. The Petitioner further seeks for a direction to clear his bill amounting to Rs. 15,000.00 towards transportation charges, displacement (lumpsum transfer and packing allowances) and/or to get the same cleared.

(2.) The, petitioner was a Judge of Patna High Court and he retired on 4-1-1994. Immediately thereafter the petitioner was appointed as a member of Kaveri Water Disputes Tribunal, which position he is holding till date. Consequent upon his retirement as a Judge of the Patna High Court, the petitioner sent his luggage of household articles on 26-1-1994 from his official residence at Patna to his native place at Gurgaon. Thereafter, the petitioner preferred a claim of Rs. 15,000 under Rule 7-G of the High Court Judges Travelling Allowance Rules, 1956, referred to above. The break up of the aforesaid claim is as under :- <FRM>JUDGEMENT_699_ILR(DEL)1_1996Html1.htm</FRM>

(3.) The petitioner did not claim any expenses for travel for himself or his wife or any of his dependent children in the; aforesaid bill. The aforesaid bill was presented to the Accountant General, Bihar for pre-audit through the Registry of the Patna High Court. On the receipt of the aforesaid bill the Accountant General, after certain correspondence with the Patna High Court, by letter dated 16-9-1994 finally expressed difficulty in settling the claim of the petitioner. The Registrar of Kaveri Water Disputes Tribunal sent a clarificatory note to the respondent on 31-10-1994/1-11-11994 staling inter alia that the bill submitted by the petitioner related only to the freight charges and the same did not include TA and DA claim for himself or' any member of his family and accordingly requested for a direction for payment of the aforesaid bill. By a letter dated 10/13-2-1995 the Untier Secretary to the Governmeut of India Ministry of Law, Justice and Company Affairs in-timated the petitioner that as per proviso to Rule 7-C of the Rules no transfer travelling allowance is admissible to the petitioner since the amount of the transfer allowance claimed after retirement was less than the amount already claimed by the petitioner on leave travel concession under Rule 7-A of the aforesaid Rules. Being aggrieved by the aforesaid order passed by the Under Secretary to the Government of India, the petitioner has preferred the present writ petition before us.