DEVANAND THAPA Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) Heard the learned Counsel for the parties at length. The present writ petition has been filed praying for a writ order or direction in the nature of mandamus directing the respondents to release the arrears of T.A. and D.A. for the temporary duty performed by the petitioner outside of India.

(2.) Brief facts giving rise to the present writ petition are that the petitioner was previously deputed at the Depot Battalion Group MTBEG Centre Kirkee, Pune. He was sent on deputation at Kohima on 16.3.1994 and he joined at 1642 Pioneer Company GREF at Nagaland. The petitioner was deputed on temporary duty for short period to Myanmar from the Pioneer Company on 26.9.1997. There is a specific rule for the payment of the persons who will perform duty outside of India. The rate for temporary duty was 75% or 60 dollars every day. Conversion rate of Dollar at the relevant time was Rs. 42.38 and as such daily payment comes to Rs. 1,907.10 per day. The petitioner was engaged with one Brigadier V.K. Manchanda and Brigadier P.K. Kapoor who were the Chief Engineers. They also claimed T.A. and D.A. according to rules and got their T.A. and D.A. within the stipulated time but the petitioner was not given his T.A. and D.A. till date according to the terms and conditions.

(3.) The petitioner has further alleged that he has moved a representation to the Headquarter for payment of the arrears of his D.A. regarding his visit of Mayanmar but neither his representation has been decided nor the amount has been paid to him by the Department.