D.S. WALIA Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner has filed present petition seeking a writ of mandamus against the respondents for payment of daily allowance because he was sent on temporary duty to Sri Lanka individually pursuant to order issued by the respondents.

(2.) The case of petitioner is that in July, 1987 Govt. of India decided to send its troops under the mission known as Indian Peace Keeping Force, i.e., an Exercise known as OP Pawan, by which the troops were moved for the mission. During the aforesaid operation in Srilanka different agencies and personnels of defence as well as civilians were sent to Srilanka for their specialized nature of assignments to be executed in Srilanka. These persons were paid from defence establishment daily allowances apart from expenditure incurred. The petitioner at the relevant time was posted as Major at Udhampur (Northern Command). He was telephonically ordered to move individually for New Delhi for briefing in respect of a specified nature of assignment to be executed in Srilanka. This was communicated to the petitioner on 18 -11 -1988. The petitioner immediately moved and reported at Delhi on 19 -11 -1988. At Delhi the petitioner undergone one month's training/briefing. Thereafter he was directed to move to Srilanka to execute the specialized assignment, nature of which has not been disclosed in the interest of national security. It was made clear that the petitioner's movement to Srilanka was not in connection with any exercise/training. The petitioner in compliance of the aforesaid order remained in Srilanka in following period:

(3.) UNDER the provisions of Rule 4(ii), Travel Regulations and Government of India, Ministry of Defence letter No. A/40275/SD 4(a)/70 -C/D(GS.T) dated 03 Feb 88, as amended ex -post -facto sanction is hereby accorded to IC -29986W Maj DS Walia from his duty station to Sri Lanka and back on temporary duty for the following period: -