IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4075 of 2005 RAVINDRA NATH TRIPATHY Versus BHOJPUR ROHTAS GRAMIN BANK &OR ----------- For the Petitioner :Mr. Naresh Dikshit, Advocate For the Bank :M/s S.K. Singh, Manoj Kr. Ambastha and Praveen Kumar, Advocates 04/ 13.5.2008 Heard learned counsel for the petitioner and the counsel for the Bhojpur Rohtas Gramin Bank, Respondent no.1 (hereinafter referred to as the Bank). 2. Petitioner, who is a Senior Inspector in the Bank, has filed this writ application assailing the order dated 26.2.2005, passed by the Chairman of Bank, whereunder, it has been held that diem allowance at the revised rate shall be allowed to the petitioner with effect from 1.4.2000 as has been directed by the Government of India in its letter dated 11.4.2001 and 17.4.2002. 3. Learned counsel for the petitioner assails such direction on the ground that the diem allowance is payable in terms of Chapter VII of the Punjab National Bank Officers Employees Regulation read with the instructions of the Government of India issued under proviso (1) of Section 17 of the RRB Act, 1976 (hereinafter referred to as the Act), as contained in the letter dated 20.3.1993, Annexure-3 at par with the rate applicable to the employees of the sponsored bank. Perusal of the instructions contained in the letter dated 20.3.1993, Annexure-3, further indicates that traveling allowance/ diem allowance shall be passed on to the RRB staff as applied in the sponsored bank without any 2 reference to the Government of India. With reference to such instruction, it is submitted on behalf of the petitioner that diem allowance is applicable and paid to the employees of the sponsored bank with effect from 1.6.1995 in terms of the instructions dated 12.7.1995 as contained in Annexure-4 and, accordingly, the employees of the RRB should also have been allowed such benefit with effect from the said date. 4. Counsel for the Bank, however, has opposed the prayer. He submits with reference to Chapter V of the Punjab National Bank Officers Employees Regulation and points out that allowances i.e. dearness allowance, house rent allowance or any other allowance, including diem allowance are required to be paid as per the instructions of the Government of India contained in letters dated 11.4.2001 and 17.4.2002 with effect from 1.4.2000 and not with effect from 1.6.1995. In this regard, he pointed out that although diem allowance is not the part of the allowances contained in Chapter V, still it is to be payable with effect from 1.4.2000. 5. Perusal of the instructions of the Government of India contained in letters dated 11.4.2001 and 17.4.2002 does not indicate that the employees of the RRB be not paid diem allowance with effect from 1.6.1995, as such, the Chairman of the Bank, while passing the impugned order dated 26.2.2005, Annexure-1, was required to have noticed the earlier statutory instructions of the Government of India dated 20.3.1993, Annexure-3 issued under proviso (1) of Section 17 of the Act, which mandates payment of 3 diem allowance to the RRB employees with effect from 1.6.1995. He having not noticed the earlier statutory instruction and having relied on the instruction, which does not prohibit payment of diem allowance with effect from 1.6.1995, in my opinion, has passed the impugned order, Annexure-1 relying on materials which were not germane to the point in issue. Accordingly, while quashing the order passed by the Chairman of the Bank, Annexure-1, it is directed that he should reconsider the matter in the light of the earlier statutory instructions of the Government of India dated 20.3.1993, Annexure-3 issued under Section 17(1) of the Act and pass a fresh order in accordance with law as early as possible, in any case within one month from the date of receipt/ production of a copy of this order. 6. It is made clear that while passing fresh order, the Chairman will be obliged to deal with the instructions of the Government of India dated 20.3.1993, Anneure-3. 7. This writ application is, accordingly, disposed of. Arjun/ (V.N. Sinha, J.)