The appellant made a representation to the Central Government for payment of deputation allowance in accordance with rule 2 b of the All India Services Conditions of Service Residuary Matters Rules, 1960 hereinafter referred to as the Residuary Rules and submitted that he should be given the same deputation allowance as was admissible to the officers of the Haryana State Civil Service holding posts of Class I when they were sent on deputation to some other department or local body.
The representation filed by the appellant to Central Government was rejected.
Hence this appeal.
The appellant then filed the writ petition before the High Court which was dismissed in limine, as indicated above.
Appeal by special leave from the Judgment and Order dated 30.3.1972 of the Punjab Haryana High Court in Civil Writ Petition No.
The facts of the case lie within a very narrow companypass and may be stated thus The appellant was an IPS officer allotted to the Haryana State and before his services were placed at the disposal of the Haryana State Electricity Board hereinafter referred to as the Board , he was holding a substantive rank of Deputy Inspector General of Police and was Commandant General, Home Guards and Director, Civil Defence.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The terms and companyditions on which the appellant was sent on deputation to the Board are companytained in the order passed by the Governor of Haryana Annexure B to SLP It would be seen that the order of the Governor, while protecting the pay and emoluments that the appellant was getting, did number mention anything about any deputation allowance being given to him.
Relevant portion of Rule 2 may be extracted thus Power of the Central Government to provide for residuary matters.
1475/1972.
G. Bhagat and R.N. Podar for Respondent No.
1034 of 1972.
By an order dated August 14, 1970 the appellants terms of deputation to the Board were finalized by the Haryana Government and the same were companymunicated to the appellant on August 26, 1970.
S. Gurumoorthy for Union of India.
1 K, Jain, Bishamber Lal, S.K. Gupta and P. Dayal for Respondent No.
In the Board, the appellant was designated as Vigilance Officer.
The Judgment of the Court was delivered by FAZAL ALI, J. This appeal by special leave is directed against an order dated March 30, 1972 of the Punjab and Haryana High Court dismissing the writ petition filed by the appellant in limine.
C. Wadhwa in person Appellant.
On April 15, 1969 the appellant was sent on deputation and his services were placed at the disposal of the Board where he was to work as Deputy Inspector General of Police for Vigilance Work.
On July 10, 1970 the post of Deputy Inspector General of Police in the Board was declared equivalent in status and responsibility to the IPS Cadre post of Deputy Inspector General of Police in order to protect the pay and salary and other allowances of the appellant which he was getting in his post before his deputation to the Board.
