IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No.: 3806 of 2008, Decided on: 31.03.2009. Jeet Ram Sharma. … … … Petitioner. Versus State of H.P. and others. … … … Respondents. Coram: The Hon’ble Mr. Justice Rajiv Sharma, J. Whether approved for reporting?No.1 For the petitioner: Mr. Ramesh Sharma, Advocate. For the Respondents: Mr. R. K. Sharma, Senior Additional Advocate General with Mr. Vikas Rathore, Deputy Advocate General. Rajiv Sharma, Judge: The petitioner was appointed as Patwari on 21.2.1990. He joined his duties in the office of Collector (Forests), Hamirpur on 4.4.1990. He remained posted at Hamirpur upto February,1996. He was paid deputation allowance at the rate of 10% on the basis of Annexure A-3, dated 10.7.1991. He was paid 10% deputation allowance upto September 1991 and thereafter it was reduced to 5%. He was paid 5% deputation Whether reporters of local papers may be allowed to see the judgment?No. - 2 - allowance upto March 1994. The excess amount paid to the petitioner till May 1991 was also recovered to the extent of 5%. Mr. Ramesh Sharma, Advocate has strenuously argued that the petitioner was entitled to 10% deputation allowance as per Annexure A-3 and the respondents were estopped from denying the same to the petitioner for the relevant period i.e. 4.4.1990 to February 1996. He then contended that the petitioner has not been served with any show cause notice before effecting the recoveries from him. The learned Senior Additional Advocate General submits that the deputation allowance was reduced to 5% on the basis of audit para and as per instructions placed on record, vide office memorandum Annexure R-2. I have heard the learned counsel for the parties and gone through the pleadings carefully. It is not in dispute that the petitioner was initially paid deputation allowance at the rate of 10% of basic pay. The petitioner was fresh appointee and there was no change of station involved in the present case. He was selected on 21.2.1990, however, his first appointment was at Hamirpur where he joined his duties on 4.4.1990. It is not the case where the petitioner had been working as Patwari at Shimla and thereafter he was sent on deputation to other station. A bare perusal of item No.6.1(a) of memorandum Annexure R-2 reveals that the deputation allowance of 5% of the employees basic pay is to be paid subject to maximum of Rs.250/- per month when the transfer is within the same station. In other cases, it is 10% of the employees basic pay subject to maximum of Rs.500/-. The term “same station” for the purpose is to be determined as per memorandum with reference to the station where the - 3 - person was on duty before proceeding on deputation. In the present case, the petitioner was not on duty at Shimla and for the first time he has joined his duties at Hamirpur. Accordingly, he was only entitled to 5% deputation allowance of the basic pay. There is no illegality in reducing the deputation allowance of the petitioner from 10% to 5% in the month of September 1991. The petitioner has been paid special pay of Rs.50/- from May 1994 to May 1996. The claim of the petitioner that similarly situate persons have been paid deputation allowance at the rate of 10% of the basic pay in other Districts is not acceptable. The petitioner could be paid deputation allowance only as per the instructions issued from time to time. The learned Senior Additional Advocate General has brought to the notice of the Court that in other Districts also the deputation allowance was reduced from 10% to 5%. It is settled law by now that Article 14 of the Constitution of India is a positive concept. The illegality could not be perpetuated. In the present case since the petitioner was not at all entitled to deputation allowance at the rate of 10% as per memorandum Annexure R-2, there was no requirement of issuing him any show cause notice before effecting the recoveries and denying the deputation allowance of 10%. Accordingly, there is no merit in the present petition and the same is dismissed. No costs. March 31, 2009. (Rajiv Sharma) (rkv). Judge. - 4 -