HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No. 12789 OF 2003 . DATED 29th September, 2011 BETWEEN Krishan Singh …Petitioner And Union of India, Rep. by its Secretary, Ministry of Home Affairs, New Delhi,and ors ….Respondents. HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No. 12789 of 2003 ORDER: Heard both sides. Perused the record scrupulously. Questioning inaction of the respondents in granting Training Allowance to the petitioner with effect from 20.04.2002 as illegal and arbitrary, this Writ Petition is filed. It is the case of the petitioner that he was posted as Deputy Commandant/Vice Principal, Fire Service Training Institute (FSTI), NISA under proceedings dated 25.2.2000 and joined the post on 20.04.2000. From the date of his joining, he had been teaching classes and delivering lectures as a Indoor Instructor and that all the posts of Training Instructors carried Trailing Allowance @ 15% of basic pay. As per the procedure laid down in FSTI, the Board had conducted Screening Test for him on 22.12.2000 and on his success therein, he had been empanelled by the Board for grant of Training Allowance. As the matters stood thus, he made an application through proper channel on 21.11.2000 seeking grant of Training Allowance. The Commandant/Principal, FSTI, NISA, Hyderabad had also recommended his case for grant of Training Allowance w.e.f. 20.4.2000. However, the respondents did not consider his case. He made further representations on 12.3.2001 and 25.2.2002 and finally, the respondents by proceedings dated 18.9.2002 and 30.09.2002 sanctioned Training Allowance w.e.f. 1.4.2002 only instead from 20.4.2000. Being aggrieved by the said proceedings, he made further representation on 18,10.2002 to the third respondent for grant of Training Allowance with effect from 20.4.2000. However, there was no response from the respondents. Hence, the Writ Petition. The respondents filed a detailed counter denying the allegations of the petitioner. It is stated in the Counter affidavit that the Screening Test of the petitioner for grant of Training Allowance was conducted on 13.07.2002 by the Board of Officers of the Fire Wing and declared him as qualified and accordingly the petitioner is being paid Training Allowance w.e.f. 1.4.2002 i.e. the date from which Training Allowance was entitled to the post of DC/Fire. Denying the averment of the petitioner that he was empanelled by the Board on 22.12.2000 and as such he is entitled to the Training Allowance from the date of his posting on 20.4.2000, it is stated that the screening test of Fire Wing is to be conducted by the Board of Officers comprising of DIG/Fire and two Commandants of FSTI/NISA, Hyderabad whereas the petitioner had approached the Board of Officer which is meant for Executive Wing on 23.12.2000, which is invalid as Fire Wing is a technical Wing and technically qualified members are required to be associated in the Screening Test. It is stated that even the Principal,Fire Service Training Institute ( FSTI) had asked the explanation from the petitioner vide letter dated 4.7.2002 to state the reasons for appearing before the screening committee meant for technical wing. It is further stated that after release of the additional training faculty which including the post of Deputy Commandant/Fire for grant of training allowance by the Ministry of Home Affairs on 1.4.2002, the screening test of the petitioner was conducted on 13.7.2002 by the Board of officers of the fire wing and declare him as qualified and accordingly Training Allowance is being paid to the petitioner w.e.f 1.4.2002. The respondents have also clearly stated in the counter affidavit that the post of Deputy Commandant/Fire Wing which was held by the petitioner was sanctioned in the CISF, Fire Service Training Institute (FSTI) in the year 1993, its functional responsibility was to discharge the duties pertaining to administration and drawing & Disbursing Officer (DDO) and not for imparting training to the trainees. However due to shortage of instructional staff, the respondent institute invited the trained faculty from other CISF Units or Guest Faculty from open source to impart classes and they were being paid Honorarium up to a maximum of Rs.2500/- per annum per head in accordance with the instructions of CISF Head Quarters under the letter dated 18.12.1991. As such the petitioner was entitled to the aforesaid Honorarium from 20.4.2000 to 31.3.2002. However, the petitioner refused to take the said Honorarium. The petitioner has not filed either a rejoinder or a reply to the counter affidavit denying the averments made by the respondents. Even the learned Counsel for the petitioner during the course of argument did not seriously dispute the said stand of the respondents put forth in the Counter affidavit. From the stand point of the respondents reflected in the counter affidavit, it is clear that the post of Deputy Commandant/Fire, which was held by the petitioner, carried grant of Training Allowance w.e.f. 1.4.2002 pursuant to the action of the Ministry of Home identifing the 20 additional teaching/training faculty posts which included the Deputy Commandant/Fire. The petitioner being qualified in the screening test conducted on 13.7.2002 by the Board of Officers of Fire Wing, he was allowed to be paid Training Allowance w.e.f. 1.4.2002. Prior thereto, as the post held by the petitioner was not admitted to be paid Training Allowance, he was allowed to be paid Honorarium Rs.2500/- per annum. In the light of the same, it is for the petitioner to accept the honorarium @ Rs.2500/- per annum being offered by the respondents for the period prior to 1.4.2002 or otherwise he can legitimately seek payment of Training Allowance for the said period on account of the peculiar and unique facts and circumstances of the case referred to hereinabove. In that view of the matter, I see no merit in the Writ Petition. The Writ Petition is dismissed. There shall be no order as to costs. ------------------------------------ -- JUSTICE ASHUTOSH MOHUNTA Dated 29th September, 2011. Msnro