ASHOK KUMAR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner, who is serving as a Book Binder at the State Central Library, Ambala Cantt. is aggrieved of the order dated 23.11.2012, Annexure P14, issued by the office of the Director General, Higher Education, State of Haryana whereby his claim for grant of benefit of TA/DA for the period 5.8.2010 to 14.10.2010 has been restricted to one time only.

(2.) Briefly noticed, vide memo dated 5.8.2010, Annexure P1, the petitioner while serving as Book Binder, State Central Library, Ambala Cantt., was deputed to Government Girls College, Sector 14, Panchkula for packing of books from 5.8.2010 till completion of work. Upon completion of work, the petitioner was relieved on 14.10.2010 by the Assistant Director, Library, office of Higher Education Commissioner, Haryana.

(3.) Learned counsel appearing for the petitioner would submit that the petitioner had performed his duties from 5.8.2010 to 14.10.2010 in Government Girls College, Panchkula and had remained away from his original place of posting i.e. State Central Library, Ambala and as such, was entitled to TA/DA for the aforesaid period. It has been contended that the petitioner had spent money on travelling daily from Ambala to Panchkula and back from Panchkula to Ambala as it would be Ambala which would be taken as his Headquarters on account of his posting in the State Central Library, Ambala Cantt. Learned counsel has further argued that under Rule 2.42, clause (i), sub clause (a) of the Punjab CSR, Volume III, the competent authority has the power to grant general or individual exemption from operation of the Rule regarding continuous halt of more than ten days if it is satisfied that the prolonged halt is necessary in the interest of public service. It has been argued that the impugned order has been passed without considering the case of the petitioner for grant of such exemption. Reliance has also been placed upon memo dated 14.1.1984, Annexure P4, issued by the Commissioner and Secretary, Haryana Government, Education Department in terms of which the Government has agreed to accord approval to sanction of journey to Book Binders working in the Education Department upto 15 days in a month.