IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No. 4956 of 2008. Reserved on: 04.08.2010. Decided on 13.08. 2010. _____________________________________________________ Amar Nath Sharma. …Petitioner. -Versus- State of H.P. and another. …Respondents. Coram: The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No. __________________________________________________________ For the petitioner. : Mr. Subhash Sharma, Advocate. For the respondents. : Mr. R.K. Sharma, Senior Additional Advocate General with Mr. R.P. Singh, Assistant Advocate General. ---------------------------------------------------------------------------------------- Rajiv Sharma, Judge: Petitioner, who was working in the office of State Geologist, was temporarily deployed in the office of Silk Seed Production Officer, Nadaun vide office order dated 07.12.1996. He joined his duties at Nadaun on 01.03.1997. He made a representation to the competent authority seeking T.A. etc. after his temporary deployment. However, the same was rejected by the Additional Director of Industries on 11.08.1997. He again made a representation against the order dated 11.08.1997 to the Director of Industries. 2. The case of the respondent-State, in a nut-shell, is that due to temporary deployment of the petitioner at Nadaun, the 1 Whether the reporters of the local papers may be allowed to see the judgment? No. pay and allowances were being paid to him by the S.S.P.O., Nadaun and there was no question of payment of any daily allowances for his stay at Nadaun. 3. Mr. Subhash Shrama, learned counsel for the petitioner has relied upon S.R. 114 and instruction No. (2) appended thereto, seeking transfer allowance and full daily allowance for initial period of 180 days. 4. Mr. R.P. Singh, learned Assistant Advocate General has supported the issuance of Annexure A-1, dated 11.08.1997. 5. I have heard the learned counsel for the parties and gone through the pleadings carefully. 6. S.R.-114 reads thus: “Travelling allowance may not be drawn under this section by a Government servant on transfer from one station to another unless he is transferred for the public convenience and is entitled to pay during the period occupied by the journey. A transfer at his own request should not be treated as a transfer for the public convenience unless the authority sanctioning the transfer, for special reasons which should be recorded, otherwise directs.” 7. The petitioner has been transferred for public convenience and is entitled to travelling allowance during the period occupied by the journey as per S.R. 114. It is not a case where the petitioner has sought any transfer. He has been deployed as per Annexure A-2 temporarily in the office of Silk Seed Production Officer, Nadaun on 07.12.1996. It was necessary for the respondent-State to specify the period of deployment. A bare perusal of condition No. 2 appended to S.R.114 makes it clear that in all cases of transfers for short period not exceeding one hundred and eighty days, the journeys from the headquarters to the station of deputation and back has to be treated as on tour for the purposes of regulating travelling allowance, daily allowance being paid for the days of halt at that station as under: First 180 days : Full daily allowance. Beyond 180 days : Nill. 8. The headquarter of the petitioner remained at Shimla and under no circumstances, the headquarter of the petitioner can be treated at the place of temporary deployment at Nadaun. In view of this, the instructions relied upon by the State issued vide Annexure R-1 on 16.02.1995, are not attracted. The respondents while rejecting the case of the petitioner vide Annexure A-1, have not taken in to consideration the language employed in S.R. 114 and instruction No. (2) appended thereto. Therefore, the petitioner is held entitled to full daily allowance for first period of 180 days and is also entitled to other allowances, as prescribed. 9. Accordingly, in view of the observations made hereinabove, the petition is allowed. Annexure A-1, dated 11.08.1997 is quashed and set aside. The respondents are directed to pay the petitioner full daily allowance for first period of 180 days from the date of his joining, i.e., 01.03.1997 and also to pay travelling allowance for travelling from Shimla to Nadaun, within a period of three months from today. This amount shall carry interest @ 6% per annum. No costs. (Rajiv Sharma) Judge August 13, 2010. (bhupender)