CWP(T)3166/2008(OA 771/96) 6.3.2009 Present Mr. A.K. Vaishista, Advocate for the petitioner. Mr. R.K. Sharma, Sr. Addl. A.G. with Mr. Vivek Thakur, Addl. A.G. for the respondents. CWP(T)3166/2008(OA 771/96) The petitioner has prayed for the following relief: “ In light of the respectful submissions made above it is humbly prayed: 1. That the respondents may please be directed to grant and release the officiating allowance payable in favour of the applicant. 2. Any other relief deemed fit and proper by the Hon’ble Tribunal in the interest of the justice and fairplay. ” In terms of Annexure A-2 being office order dated 17th September, 1988, the petitioner who was officiating as Junior Auditor was directed to look after the work of Accountant in addition to his own duties w.e.f. 15.9.1988 till the appointment of a new incumbent. Fundamental Rule 49(v) reads as under: “(v) no additional pay shall be admissible to a Government servant who is appointed to hold current charge of the routine duties of another post or posts irrespective of the duration of the additional charge;” In this view of the matter the petitioner has no legally enforceable right to claim allowance for the additional charge for which he was asked to perform his duties. It is not a case where -2- the petitioner was formally appointed to either hold full charge of the duties of the higher post; appointed to hold dual charge to two posts in the same cadre or formally appointed to hold full additional charge of another post. For the aforesaid reasons I find no merit in the present petition. Same is dismissed. (Sanjay Karol), Judge. March 6, 2009 (PK)