CWP(T) No.3712 of 2008 (OA (D) 265/96) 19.6.2009 Present:- Mr. Jagdish Sharan Kunihal, counsel for the petitioner. Mr. R.K.Sharma, Senior Additional Advocate General with Mr. A.K.Bansal, Addl. Advocate General and Mr. R.P.Singh, Assistant Advocate General, for the respondents. The petitioner has filed this petition for issuing necessary directions to the respondents to pay amount of initial grant of uniform to the petitioner. The petitioner on 26.6.1995 vide Annexure PA was promoted as D.S.P. The grievance of the petitioner is that the Commandant, I.R.B. 4th Battalion, Basal had informed Jagdish Sharan Kanihal, colleague of the petitioner vide letter No. 4.23/94-19295 dated 30.11.1995 that petitioner’s case for initial grant of uniform had not been sanctioned by the competent authority as hehad less than 2 years of service. The learned counsel for the petitioner has submitted that the case of the petitioner was not properly appreciated by the respondents. The petitioner has been discriminated inasmuch as other officers have been granted the amount of initial grant of uniform by the respondents. The learned Senior Additional Advocate General has contended that the petitioner had less than two years of service when the amount of initial grant of uniform was due to the petitioner and therefore, under Rule 4(1) of Indian Police Service (Uniform) Rules, 1954 (for short Rules), the petitioner was not entitled to amount of initial grant of uniform. The State had sanctioned amount to State Police Officers as initial grant for uniform vide Annexure PC dated 17.6.1994 and Annexure PD dated 6.8.1994. The perusal of Annexures PC and PD indicates that the amount was released under the Rules. It is thus, clear that the initial grant - 2 - of uniform is payable to State Police Officers under the Rules. The first proviso to Sub Rule (1) of Rule 4 is as follows:- “Provided that the Government may withhold any such grant from a member of the Service who is due to retire within two years of the date when the grant is due”. The applicability of Rules to the petitioner for amount of initial grant of uniform has not been disputed by the learned counsel for the petitioner. The respondents in the reply have stated that initial uniform grant in favour of S/Sh. Rup Lal, Munshi Ram and Gurbachhan Chand was sanctioned in favour of those officers on the merits of the individual case. The petitioner has failed to make out a case of discrimination. The petition was filed on 20.8.1996 as per seal of the Administrative Tribunal and in the verification of the petition, the petitioner had given his age 59 years and he had already retired. In light of first proviso to sub Rule (1) of Rule 4 the petitioner has failed to establish his case for initial grant. The petitioner has made no prayer for quashing letter No.4.23/94-19295 dated 30.11.1995 referred above and in absence of such prayer the petitioner is otherwise not entitled to amount of initial grant of uniform. There is no merit in the petition, which is accordingly dismissed. June 19, 2009 (Kuldip Singh), (GR) Judge.