STATE OF GUJARAT Vs. R BASU

JUDGEMENT

(1.) The first respondent in the above group of appeals filed Special Civil Applications for issue of a writ of mandamus or a writ in the nature of Mandamus or any other appropriate writ direction or order directing the respondent No. 1 in the Special Civil Application to issue forthwith orders authorising payment of deputation allowance to them as admissible to them from time to time in accordance with two Government Resolutions of 1975 and 1981 and also for further direction to the respondents with whom the first respondents in these appeals were sent on deputation to pay the first respondent herein the amount of deputation pay or allowance as admissible to them from time to time for the relevant Period together with interest at 12% per annum and for consequential reliefs. Number of officers in the I.A.S. cadre have filed such an application before this Honble Court.

(2.) The learned Single Judge of our High Court has allowed these petitions by directing the appropriate respondent in those Special Civil Applications for paying the deputation allowance as prayed for. While passing the order the learned Judge has also held that the Resolution passed by the State Government Which is at Annex. B to the petitioner is beyond the legislative or executive competence for the State Government and as such the same has to be struck down to the extent the Resolution says Similarly these orders will not apply to. the members of All India Services and to appointment to posts whose terms are regulated under specific statutory rules or orders. It is against these orders passed by the learned Single Judge of our High Court that the above group of Letters Patent. Appeals have been filed by the State of Gujarat and also by the Union of India.

(3.) Mr. S. D. Shah appearing for the Union of India submitted that the Resolution passed in Annexure B referred above is within the legislative competence of the State Government and the State Government can by a Resolution state that the I.A.S. cadre cannot get the deputation allowance payable to the Class I officers of the State service. To substantiate his contention the learned counsel read Rule 2(b) of All India Services (Conditions of service Residuary Matters) Rules 1960 and also the Resolution passed by the State Government on 22/09/1975 the copy of which is annexed at Annexure B to the Special Civil Application. We have carefully gone through these two documents referred above and also the judgment in the case of P.C. Wadhwa v. State of Haryana and others reported in AIR 1981 S.C. 1540.