1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.8117/2005. : : Manohar Singh & Ors. Vs. State of Rajasthan & Ors. : : Date of Order 5.1.2009 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Ms.Neerja Khanna for the petitioner. Mr.Hemant Gupta, Addl.Govt.Counsel for the State. Heard learned counsel for the parties. This writ petition has been filed by the petitioners challenging the order of respondents dated 23.9.2005 by which payment of mess allowance @ Rs.600/- per month which was hitherto being paid to the petitioners was stopped in view of certain audit objection. Subsequently the petitioners filed second stay petition against the order of respondents to recover from each of the petitioners Rs.3500/-. Originally when the mess allowance was paid to the members of the Home Guard, the monthly allowance was only Rs.210/- and eventually it was revised and raised to Rs.600/- per month from 17.6.2005. Since the arguments on the second stay petition 2 would suffice the final decision of the main petition, the learned counsel were heard for deciding the main matter itself. Ms. Neerja Khanna, learned counsel for the petitioner argued that audit party has wrongly interpreted the communication dated 17.6.2005, which was passed by Finance Department of the Government of Rajasthan to all concerned. In that letter reference was made to the order of Finance Department dated 14.8.1996 specifying that mess allowance would be admissible to the members of the Home Guard who are posted in border, urban and rural areas. Learned counsel submitted that petitioners who were at the relevant time posted at Central Training Institute of Home Guard which is situated in the same premise have to be otherwise treated working as home guard in urban area like all those who are being paid mess allowance. Seeing the hardship of Home Guards, the Director General Civil Defence & Home Guards, Rajasthan vide his letter dated 23.1.2005 recommended that payment of mess allowance should not be stopped to the petitioners because they are actually posted within the urban limit and their posting is inter-changeable from one category to another, with those who are being paid mess allowance, therefore, to stop payment of mess 3 allowance to them, would be contrary to the spirit of declaration of Government. Learned counsel submitted that the respondents themselves have now issued a clarification order dated 19.9.1008 whereby Central Training Institute has been included in the specified category covered by Finance Department order dated 14.8.1996. It was argued that even otherwise, if the payment of the mess allowance has been made to the petitioner by the respondents there is no question of recovery from the petitioners because they have not made any of fraud or misrepresentation. As per the order passed by the respondents themselves, there is no reason not to pay such mess allowance for the short interval of few months. Shri Hemant Gupta, learned Additional Government Counsel opposed the writ petition and submitted that since the petitioners were posted in Central Training Institute, therefore, their posting could not be come under the Rural or Urban Home Guard. The audit party has raised objection for the payment of mess allowance. Having heard the learned counsel for the parties and perused the material on record, I find that Urban Home Guard and Rural Home Guard have been specifically clarified in the Finance Department order dated 14.8.1996. In fact, 4 this situation was clarified by the Director General of Police, Civil Defence & Home Guards, Rajasthan vide letter dated 23.1.2005, according to which it is clear that those who are working in the Central Training Center and otherwise in the Urban Home Guard discharge their duties from the same premises and their posting is inter-changeable. It cannot be accepted that petitioners who were posted at Central Training Institute are not working in the urban area more particularly when those who are working for the same premise are receiving the payment of mess allowance. Now that the respondents themselves have seen logic of this argument and have made such payment of admissible even to those who are posted in the Central Training Institute w.e.f. 1.4.2006 within finance year 2006-07, there is no justification for not paying such mess allowance to the petitioners beyond 21.9.2006 when it was stopped. In the result, this writ petition is allowed. The order dated 23.9.2005 and the recovery order dated 2.5.2008 are quashed and set aside. The petitioners shall be entitled to arrears for the intervening period. 5 Compliance of the judgment be made within three months from the date copy of the judgment is produced before the respondents. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.13. 6 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B.CIVIL MISC.II STAY APPLICATION No.1179/2008. IN S.B. CIVIL WRIT PETITION No.8117/2005. : : Manohar Singh & Ors. Vs. State of Rajasthan & Ors. : : Date of Order 5.1.2009 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Ms.Neerja Khanna for the petitioner. Mr.Hemant Gupta, Addl.Govt.Counsel for the State. This application is disposed of in the light of judgment passed by this Court on 5.1.2009 in SB Civil Writ Petition No.8117/2005. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.13. 7 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B.CIVIL MISC APPLICATION No.44098/2008. IN S.B. CIVIL WRIT PETITION No.8117/2005. : : Manohar Singh & Ors. Vs. State of Rajasthan & Ors. : : Date of Order 5.1.2009 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Ms.Neerja Khanna for the petitioner. Mr.Hemant Gupta, Addl.Govt.Counsel for the State. This application is disposed of in the light of judgment passed by this Court on 5.1.2009 in SB Civil Writ Petition No.8117/2005. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.13.