ASHOK KUMAR MISHRA Vs. CHAIRMAN, CENTRAL WATER COMMISSION

JUDGEMENT

(1.) PETITIONER has challenged the judgment and order dated 13.02.2004 in Original Application No.661 of 2002, passed by the Central Administrative Tribunal, Ahmedabad Bench, Ahmedabad. The prayer is made in the present petition to grant foreign allowances to the petitioner which was dismissed by the Tribunal.

(2.) HEARD learned advocate, Mr.P.H.Pathak, appearing for the petitioner and learned advocate, Mr.Shakeel A.Quareshi, appearing for the respondents.

(3.) FEW factual details are required to be recalled here. The Government of India and Government of Nepal had created a group namely the India-Nepal Joint Group of Expert (JGE) for a Joint Project namely Pancheshwar Multipurpose Project, after approval by Committee of Public Investment Board (CPIB). That an order dated 25.11.1999 was issued by the Joint Commissioner (CR) New Delhi, for administrative approval and financial sanction for the project and accordingly on next date that is on 26.11.1999, approval was obtained for grant of Compensatory Allowance, Bilateral Project Investigation Allowances etc. and necessary sanction was accorded. In such approval there was sanctioned of a post of Account Officer, who was required to maintain the accounts of project and, therefore, Ministry of Finance has to re-deploy staffs on such project. For such project model guidelines JPO-PI were accepted for service conditions for employees under the project, which provides for Compensatory Allowances to the staffs deputed in the Napal for the said project. Thus, an Indian personnel posted in Napal would be governed by the rules and regulations of Government of India, so far as, salary and other benefits are concerned and in addition, looking to the speciality of the project, employees, who are deputed on the project, would be paid Compensatory Allowances, the Bilateral Project Investigation Allowance, Traveling Allowances including per day allowances for the project from the JPO-PI fund allocated to the project.