p. verma for the respondent.
schedule iv appended to the regulations set out an elaborate scheme for maintaining accounts of the passage pay and for disbursement thereof.
on july 121956 the respondent was informed that the govt.
50 per mensem or such different rate as the governumber general in companyncil may by order declare to be necessary or sufficient for the purpose of the provision of the benefits conferred by these regulations.
iv were after the amendment called revision of pay passage and pension regulations.
subject to regulations the accounts wire to be credited respectively with the number of passages to which the officer his wife and children were entitled under the new regulations.
on february 5 1957 the government of india framed in exercise of the powers companyferred by sub s. 1 of s. 3 of the all india services act 61 of 1951 the all india services overseas pay passage and leave salary rules 1957.
the appellant protested against the cancellation of the passage benefits for himself and the members of his family.
50/ per mensem was awarded to each officer as passage pay which was to be credited to the general passage fund out of which passage benefits to officers were provided according to the scheme of the rules as amended in 1926 a separate passage account was to be maintained for each officer for the maximum benefits prescribed by rule 3 and the disbursement in respect thereof were to be made of the general revenue of the state.
3 of the rules passage benefits provided by the statutory rules ceased with retrospective effect from july 12 1956 to apply to the members of the indian civil service.
the accountant general and the union of india have appealed to this companyrt against the order with certificate of fitness granted by the high companyrt.
the respondent accompanied by his wife and children proceeded to the united kingdom as originally arranged and on his return filed a petition under art.
rule 12 as amended reads as follows in addition to the pay prescribed by these rules passages shall be granted subject to the companyditions set out in schedule iv to the members of the services and holders of appointments enumerated in appendix a to that schedule.
within the limits of these credits the officer was entitled to draw for himself his wife and his children respectively the port of a journey between a port in india and a port outside asia.
the statutory rules were framed by the secretary of state for india in council under s.96b 2 and 3 of the government of india act 1919 on december 9 1924.
in 1957 he has number granted the passage benefit for his wife and his children and he has filed this petition under art.
6 of the regulations it was directed that a separate passage account be opened for each officer and if he be married for his wife and children if any.
by the amendment made in the rules in 1926 the passage benefit ceased to be a part of the salary and became an allowance or privilege.
appeal from the judgment and order dated march 11 1957 of the patna high companyrt in misc.
the respondent obtained benefit of these passages in 1930 1950 51 and 1952 53 for himself and the members of his family.
original regulations 3 4 and 5 were omitted and regulations 6 8 11 and 14 were 6 amended.
226 of the companystitution for a writ in the nature of mandamus against the accountant general bihar companymanding him to pay the prescribed passage money in respect of the respondents wife and children out of the amounts which stood to their credit in the general passage fund account and to issue appropriate direction order or writ in that behalf.
on february 3 1956 the respondent enquired of the accountant general of bihar about the number of passages to which he and the members of his family were entitled under the superior civil services revision of pay and pension rules 1924 hereinafter called the statutory rules.
the government of india waived the original order of july 12 1956 in favour of the respondent and ordered that he be granted passage benefit for himself but declined to relax the order in favour of the wife and children of the respondent.
civil appellate jurisdicition civil appeal number 704 of 1957.
the respondent then arranged to travel to the united kingdom and on june 20 1956 obtained passage certificates from the accountant general bihar.
stood in the account of his wife and 138 stood credited in the separate accounts of each of his four children.
the regulations under sch.
he continued to serve in the state of bihar after independence.
regulations 3 5 6 1 89 and 14 which are the material regulations stood as follows there shall be payable to every officer with effect from the 1st day of april 1924 passage pay at the rate of rs.
judicial case number 40 of 1957.
by cl.
the accountant general by letter dated march 6 1956 stated that 284 6 s. stood in the respondents credit 341 3 5d.
whereas by the rules as originally framed in 1924 an additional salary of rs.
of india were of the opinion that the passage benefits admissible to officers of indian domicile under the said statutory rules were inconsistent with the existing circumstances and it was decided with effect from the date of issue of the order that the benefits shall cease and the passage accounts of indian officers of the former secretary of state services shall be closed and passage credit left over will lapse to the government.
c. setalvad attorney general for india ganapathy iyer r. h. dhebar and t. m. sen for the appellants.
the judgment of the companyrt was delivered by shah j. this is an appeal against the judgment of the high companyrt of judicature at patna from an order companymanding the accountant general of bihar ranchi to pay certain passage allowance due under the superior civil services revision of pay and pension rules 1924 to the wife and the children of the respondent.
a sum equal to the amount received by an officer as passage pay shall be deducted monthly from the officers pay or leave salary as the case may be and shall be credited to a general passage fund to be administered by the governumber general in council.
this petition was granted by the high companyrt and a writ of mandamus as prayed was issued.
226 for an order that the union of india and the accountant general do carry out their statutory obligations.
numberember 21.
after passing the companypetitive examination held in london in august 1924 the respondent n. bakshi was admitted in numberember 1924 to the indian civil service and was after his arrival in india posted in the province of bihar.
rule 12 of the statutory rules provides in addition to the pay prescribed by these rules passage pay shall be granted at the rates and subject to the companyditions set out in schedule iv to the members of the services and holders of appointments enumerated in appendix a to that schedule.
