Case: P. C. Wadhwa Vs. State Of Haryana &amp; Ors

allowance under the order would not exceed a sum of Rs. 300/- per mensem. Reading Rule 2(b) in conjunction with para (i) (c) (ii) of the order of the Punjab Government, it is manifest that the appellant is doubtless entitled to deputation allowance at the rates mentioned in the order of the Punjab Government which fully applies to Haryana Government also. The argument advanced by the appellant therefore is unanswerable. 5. Mr. Bhagat, appearing for the State of Haryana, submitted that there is no provision either in Rule 6 of the IPS (Cadre) Rules, 1954 or in Rule 9 of the IPS (Pay) Rules 1954 regarding payment of deputation allowance and hence it should be held that any officer belonging to the IPS cadre was debarred from getting any deputation allowance unless there was an express provision in the said rules. Relevant part of rule 6 of the IPS (Cadre) Rules may be extracted thus:"Deputation of Cadre Officers.- (1) A cadre officer may, with the concurrence of the State Government or the State Governments concerned and the Central Government be deputed for service under the Central Government or another State Government or under a company, association or body of individuals, whether incorporated or not, which is wholly or substantial ly owned or controlled by the Central Government or by another State Government. (2) A cadre officer may also be deputed for service under:- (i) a company, association or body of individuals, whether incorporated or not, which is wholly or substantially owned or controlled by a State Government, a Municipal Corporation or a Local Body, by the State Government on w hose cadre he is borne, and (ii) ... ... ... Provided that ......... Provided further that no cadre officer shall be deputed under sub-rule (i) or sub rule (2) to a post carrying a prescribed pay which is less than or a pay scale, the maximum of which is less than, the basic pay he would have drawn in the cadre post but for his deputation." 6. We are unable to read in any of these rules any prohibition or bar to the payment of deputation allowance to an officer of the IPS Cadre on deputation to any of the authorities mentioned in rule 2(i) above. In the instant case the appellant was sent on deputation to the Board which is a body wholly or substantially owned by the State Government. The mere absence of the provision for payment of deputation allowance cannot be interpreted to mean an absolute bar to the receipt of such deputation allowance by an IPS Cadre officer, if other Rules permit such a course of action. Similarly, Rule 9 of the IPS (Pay) Rules, 1954 contains various clauses which merely protect the Pay and salaries admissible to an IPS officer when sent on deputation. There is no reference to any allowance or other emoluments in the Rule, excepting pay which is clearly set out in Schedule III to those Rules. We have gone through Sub-Rules (1) to (6) of Rule 9 and are unable to find any limitation contained in these rules which could prevent the appellant from getting deputation allowance. Reliance was, however, placed on the proviso to sub-rule (6) which may be extracted thus:"Provided that the pay allowed to an officer under this sub-rule and sub-rule (5) shall not at any time be less than what he would have drawn had he not been appointed to a post referred to in sub-rule (4)." 7. The dominant object of the proviso is merely to protect the pay and salary which an IPS officer was getting when he was sent on deputation, so that his being sent on deputation may not cause any prejudice to his career or emoluments. There being no Rules on the subject, it is manifest that in such cases the Residuary Rules would apply. We might mention that the Residuary Rules were made in 1960, about six years after the issuance of IPS (Cadre) Rules and IPS (Pay) Rules. It seems to us that the Central Government realised that, when other officers of the State Government on deputation were entitled to deputation allowance, there was no reason why this privilege should be denied to officers of the cadre of IPS. Perhaps it was with this essential object in view that Rule 2(b) of the Residuary Rules was enacted so as to enable IPS officers to get deputation allowance on the same terms as officers of State Civil Service Class I were getting. This provision would naturally hold the field in the absence of any express Rules made by the Central Government, which have so far not been made. 8. Counsel appearing for the Board submitted before us that the letter of the Governor dated August 14, 1970 laying down the terms of deputation of the appellant does not contain any mention of deputation allowance to be given to the appellant and should therefore be read as a modification made by the Central Government, as contemplated by clause (b) of rule 2 of the Residuary Rules. We are, however, unable to agree with this contention. In the first place, Rule 2 (b) of the Residuary Rules makes an exception only if the Central Government makes an order and that too after consultation with the State Government concerned modifying the Rule. There is no evidence in this case to show that any order was passed by the Central Government after consulting the State Government to modify or take away the effect of rule 2(b) of the Residuary Rules. The order of the Governor of Haryana cannot by any stretch of imagination be construed as an order passed by the Central Government. For these reasons the contentions raised by the respondents must be overruled. For the reasons given above we hold that the appellant is legally entitled under the Statutory Rules as indicated above to get deputation allowance. The Board was therefore in law bound to pay the said deputation allowance to the appellant.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]We are unable to read in any of these rules any prohibition or bar to the payment of deputation allowance to an officer of the IPS Cadre on deputation to any of the authorities mentioned in rule 2(i) above. In the instant case the appellant was sent on deputation to the Board which is a body wholly or substantially owned by the State Government. The mere absence of the provision for payment of deputation allowance cannot be interpreted to mean an absolute bar to the receipt of such deputation allowance by an IPS Cadre officer, if other Rules permit such a course of action. Similarly, Rule 9 of the IPS (Pay) Rules, 1954 contains various clauses which merely protect the Pay and salaries admissible to an IPS officer when sent on deputation. There is no reference to any allowance or other emoluments in the Rule, excepting pay which is clearly set out in Schedule III to those Rules. We have gone through Sub-Rules (1) to (6) of Rule 9 and are unable to find any limitation contained in these rules which could prevent the appellant from getting deputation allowance. Reliance was, however, placed on the proviso to sub-rule (6) which may be extractedd that the pay allowed to an officer under this sub-rule and sub-rule (5) shall not at any time be less than what he would have drawn had he not been appointed to a post referred to in sub-rule (4)."The dominant object of the proviso is merely to protect the pay and salary which an IPS officer was getting when he was sent on deputation, so that his being sent on deputation may not cause any prejudice to his career or emoluments. There being no Rules on the subject, it is manifest that in such cases the Residuary Rules would apply. We might mention that the Residuary Rules were made in 1960, about six years after the issuance of IPS (Cadre) Rules and IPS (Pay) Rules. It seems to us that the Central Government realised that, when other officers of the State Government on deputation were entitled to deputation allowance, there was no reason why this privilege should be denied to officers of the cadre of IPS. Perhaps it was with this essential object in view that Rule 2(b) of the Residuary Rules was enacted so as to enable IPS officers to get deputation allowance on the same terms as officers of State Civil Service Class I were getting. This provision would naturally hold the field in the absence of any express Rules made by the Central Government, which have so far not been madeIn the first place, Rule 2 (b) of the Residuary Rules makes an exception only if the Central Government makes an order and that too after consultation with the State Government concerned modifying the Rule. There is no evidence in this case to show that any order was passed by the Central Government after consulting the State Government to modify or take away the effect of rule 2(b) of the Residuary Rules. The order of the Governor of Haryana cannot by any stretch of imagination be construed as an order passed by the Central Government. For these reasons the contentions raised by the respondents must be overruled. For the reasons given above we hold that the appellant is legally entitled under the Statutory Rules as indicated above to get deputation allowance. The Board was therefore in law bound to pay the said deputation allowance to the appellant.