THE HON’BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE K.G.SHANKAR W.P.NO.1562 OF 2011 ORDER: ( Per GM,J) This writ petition is filed seeking Certiorari to call for the records relating to the order dated 23-06-2010 passed in O.A.No.61 of 2010 by the Central Administrative Tribunal, Hyderabad. Succinctly the facts of the case are that the petitioner while posting the 1st respondent as Secretary Human Rights Commission did not issue any terms and conditions of deputation nor mentioned anything about the payment of deputation allowance. According to Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training vide its Memo No.29018/5/2001-AIS (ii), dated 21-8-2002, a member of the service while on deputation will be eligible to draw deputation allowance wherever admissible in case he has given option to draw is grade pay of the cadre. However, he will not be eligible to draw deputation allowance if he opts for pay of the post of the borrowing organization. The Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training vide its Memo No.2/22 (B)/2008-Est (Pay II) dated 3-9-2008 accepted the recommendation of the Sixth Pay Commission and directed to continue the payment of deputation allowance to all the appointments outside the normal field of deployment. The first respondent barring initial postings as Sub Collector, Joint Collector and Collector etc., all through his career has worked in ex-cadre posts only and has been posted in public sector undertakings/autonomous bodies several times. All the IAS Officers including from Andhra Pradesh cadre, who go to Central deputation are eligible for and are given deputation allowance; all the IAS Officers of other States who come to Andhra Pradesh on Central deputation are granted deputation allowance. The deputation allowance is a compensatory allowance for asking an officer to work in a place and post, which is not a part of his normal field of duty. It is travesty of justice that the IAS officers, who go on deputation on their own or rather seek deputation, are given deputation allowance but the IAS Officers who are forced to go on deputation by the petitioner are not given deputation allowance. The Tribunal after hearing the rival contentions of the learned counsel on either side and after evaluating the material placed before it, while allowing the O.A., directed the State Government-petitioner to pay deputation allowance to the 1st respondent herein in terms of the standard terms and conditions of deputation of IAS Officers as directed by the Central Government in al the deputation posts held by the 1st respondent. Challenging the same, the present writ petition has been preferred. Heard the learned counsel on either side. As can be seen from the record, it appears that as per standard terms and conditions of deputation of IAS Officers and the connected rules, it is very clear that as per the Memo dated 21-08-2002 issued by the Government of India, Ministry of Personnel, Public Grievances and Pensions, Department of Personnel & Training, the officers, who are working in ex cadre posts on deputation are entitled to deputation allowance. In pursuance of the same, the Government of India accepted the recommendations of the Sixth Pay Commission also. Further, the petitioner rejected the rightful claim of the 1st respondent only on the ground of extra expenditure, but without any substantial reasons. Learned Government Pleader for Services appearing on behalf of the petitioner submits that the Government has not sanctioned the deputation allowance on the premise that some period is missing. Having regard to the facts and circumstances of the case and in view of the submission of the learned Government Pleader, we deem it appropriate to direct the 1st respondent to make a representation to the authorities concerned. On such representation being filed, the same shall be considered and the deputation allowance be released, within a period of one month from the date of receipt of a copy of this order, in accordance with the standard terms and conditions of deputation of IAS officers. The writ petition is accordingly disposed of. No costs. ___________________ GHULAM MOHAMMED,J ________________ K.G.SHANKAR,J rkk Dated: 15-3-2011