AGAR SINGH Vs. STATE ETC.

JUDGEMENT

(1.) The question in this writ petition is whether a deduction can be effected from the compensatory allowance payable to the Petitioner as a member of the Himachal Pradesh Police Force by reason of his occupying rent -free accommodation while posted at Dharampur and Simla.

(2.) The Petitioner was a member of the Punjab Police Force before November 1, 1966. With effect from that date, he was allocated to the Union territory of Himachal Pradesh and has been serving since as a member of the Himachal Pradesh Police Force. On October 31, 1966, the day immediately preceding "the appointed day" specified in the Punjab Re -organization Act, 1966, the Petitioner was drawing a basic pay of Rs. 162, dearness allowance of Rs. 10 and compensatory allowance of Rs. 14 p.m. On becoming member of the Himachal Pradesh Police Force, he continued to receive the same amount as pay and allowances and thereafter the increments to which he was entitled. On October 11, 1967, the Petitioner was posted at Dharampur and he says, he became entitled to compensatory allowance at 20% of his pay. In the result, the compensatory allowance amounted to Rs. 32.40P. According to the Petitioner it was worked out on the basis of Notification No. F. 1 (4) -05/49 -19254, dated March 17, 1950, which had been issued by the Government of Patiala and East Punjab States Union at a time when Dharampur was part of the State of Pepsu. While at Dharampur, the dearness allowance received by him was increased to Rs. 98 p.m. and with effect from February 1, 1968 Rs. 90 of the dearness allowance was merged with the pay and described as dearness pay. Accordingly, the compensatory allowance computed at 20% of the pay plus dearness pay while posted at Dharampur increased. The Petitioner continued to serve at Dharampur upto July 22, 1970, when he was transferred to Simla and now he holds the post of Head Constable. Upon his transfer to Simla, the Petitioner again became entitled to compensatory allowance at Rs. 14 p.m. only. Later, with effect from March 1, 1971, the compensatory allowance was raised to 30% of the pay subject to a maximum of Rs. 75, and the Petitioner has been enjoying compensatory allowance on that basis ever since. As the Petitioner occupied rent -free accommodation at Dharampur and Simla, a reduction to the extent of 1/4th is now being effected in the compensatory allowance. The Petitioner challenges the validity of the deduction. When the Petitioner became a member of the Punjab Police Force, he was governed by the Punjab Police Rules, 1934. Two provisions of those rules are relevant. Rule 10.63 provides for pay as well as compensatory allowance. Rule 10.76 declares that all enrolled police officers are entitled to free quarters for themselves at the headquarters. Where accommodation cannot be provided, they are entitled to house -rent allowance in lieu thereof. The order was communicated by letter No. 12149 -FR -55/5884, dated August 27, 1956 and took effect from September 1, 1956. Shortly, thereafter, the Governor of Punjab exempted police personnel posted at Simla, Dharampur and Dharamsala from the operation of that order, and this was communicated by letter No. 12548 -S.H. -57/11928 -C/87573, dated October 9/18, 1957 from the Home Secretary, Punjab Government, to the Inspector General of Police, Punjab. The result was that while police personnel posted at those three places were entitled to compensatory allowance, they were not liable to any reduction in their salary because they occupied rent -free quarters.

(3.) It may be pointed out at this stage that as regards the Union territory of Himachal Pradesh, by a notification dated July 31, 1951, a body of rules identical with the rules printed in Volumes 1 to 3 of the Punjab Police Rules, 1934 were framed for Himachal Pradesh. Of the two provisions mentioned above paragraph 10.63 was not incorporated in those rules but paragraph 10.76 was. Therefore, while the compensatory allowance prescribed by paragraph 10.63 was not available to the police personnel of Himachal Pradesh, they were entitled to rent -free accommodation or house -rent allowance in lieu thereof. But subsequently by a letter No. F. 7/44/60 -Him (MMT), dated September 22, 1964, the Government of India intimated the grant of compensatory allowance to the employees of the Himachal Pradesh Government. Then, by an office memorandum No. Fin. 10 -79/59 -IV, dated September 1, 1966, the Himachal Pradesh Government decided that with effect from May 13, 1963, the rate of compensatory allowance sanctioned in favour of non -Secretariat employees of that Government borne on Punjab scales of pay and allowance should be reduced by 1/4th in the case of Government servants who had been provided with rent -free quarters or allowed house -rent allowance in lieu thereof.