MOHD ABID DECEASED Vs. STATE OF U P

JUDGEMENT

(1.) SUDHIR Agarwal, J. Heard learned Counsel for the petitioner and Sri Haider Zaidi, learned standing Counsel for the respondents.

(2.) THE writ petition is directed against the order dated 9-10-1984 (Annexure-7) whereby the representation of the petitioner for deputation allowance from 1-9-1978 and onwards has been rejected by the Government vide order dated 14-8-1984 as communicated by the Collector vide impugned order. THE said order also direct that deputation allowance already drawn by the petitioner from 1-9-1978 to 30-6-1984 shall be recovered.

(3.) A counter-affidavit has been filed and the State Government states that the Government Order dated 13-8-1978 was issued which provides that the maximum period for deputation would be five years and the employee sent on deputation to public undertaking and companies under the control of the Government shall be entitled for deputation allowance. The amount of deputation allowance was also prescribed as 20% of the pay of the incumbent. Another Government Order appears to have been issued on 16-3-1983 directing to ensure repatriation of a Government servant from deputation on the expiry of five years by 31-3-1983 and in case any employee flout such order, action be taken against him and not to pay any deputation allowance or other benefit in the company or undertaking in which he is working on deputation.