DIRECTOR INDIAN VETERINARY INSTITUTE Vs. S C DUBEY

JUDGEMENT

(1.) AS a singular question of law is involved in these writ petitions they were heard analogously and are disposed of by this common order. For the sake of clarity and convenience, the facts in W. P. No. 2300/2000 are adumbrated herein.

(2.) THE Indian Council of Research is an autonomous body which comes under the Ministry of Agriculture, Government of India, Department of Agricultural Research and Education. The aforesaid body is one of the institutes working under the Indian Council of Agricultural Research. The respondent No. 1, Dr. S. C. Dubey and five others were approved by the competent authority for deputation for availing training in the United States of America. The order passed in that regard has been brought on record as Annexure P-2. The Government of India vide letter dated 19-8-1999 in the Ministry of External Affairs fixed the rate of daily allowance for various categories of officers proceeding on duty to the foreign countries. The said circular has been brought on record as Annexure P-3.

(3.) THE respondent No. 1 applied for TA/da advance at full rates but was sanctioned a sum of Rs. 5,98,599/- vide order dated 6-10-1995. The aforesaid sanction was subject to adjustment against final bill drawn in accordance with rules and guidelines. As the respondent No. 1 was not entitled to a second advance until the first advance was adjusted, penal interest was to be charged at the rate of 2. 34% at the prescribed rate of interest under GFR 173 (2 ). It is putforth that the respondent No. 1 undertook his training abroad and was relieved from his duty in the afternoon of 30-10-1995 and his training came to end on 16-3-1996. However, at the request of the said respondent the deputation period was extended till end of October, 1996 on the condition that there was no financial liability on the part of the Government of India/indian Council of Agricultural Research.