Case Note & Summary
The dispute arose between an IPS officer and the State of Haryana regarding the entitlement to a deputation allowance while serving on deputation to the Haryana State Electricity Board. The appellant, who held the rank of Deputy Inspector-General of Police, was placed on deputation in 1969 but did not receive a deputation allowance as the order from the Governor did not specify it. The appellant claimed that under Rule 2(b) of the All India Services (Conditions of Service-Residuary Matters) Rules, 1960, he had a statutory right to receive this allowance. The High Court dismissed his writ petition in limine, prompting the appeal to the Supreme Court. The Supreme Court found that Rule 2(b) expressly applies to officers on deputation and entitles them to the same allowance as State Civil Service Class I officers. The court noted that the absence of a provision in the Cadre and Pay Rules did not bar the allowance, as the Residuary Rules would apply in such cases. The court rejected the argument that the Governor's order modified Rule 2(b) since there was no evidence of consultation with the Central Government. Ultimately, the Supreme Court allowed the appeal, quashed the High Court's order, and issued a writ of mandamus directing the Board to pay the deputation allowance to the appellant, along with costs. The payment was to be made within three months. The decision underscored the statutory rights of IPS officers regarding allowances while on deputation.
Headnote
A) Administrative Law - Deputation Allowance - Statutory Right - All India Services (Conditions of Service-Residuary Matters) Rules, 1960, Rule 2(b) - The court held that Rule 2(b) entitles officers of All India Services on deputation to receive deputation allowance equivalent to that of State Civil Service Class I officers, despite the absence of specific provisions in the Cadre and Pay Rules. The appellant was thus entitled to the allowance as per the Punjab Government's order, which applied to Haryana. (Paras 87-91)
Issue of Consideration
Whether the appellant, an IPS officer on deputation, was entitled to receive deputation allowance despite the absence of a specific provision in the Pay and Cadre Rules.
Final Decision
The Supreme Court allowed the appeal, quashed the High Court's order, and issued a writ of mandamus directing the Board to pay the deputation allowance to the appellant, calculated as per the Punjab Government's order, within three months, along with costs of Rs. 2,000.
Law Points
- Deputation allowance
- All India Services
- Residuary Rules
- statutory entitlement
- absence of express provision
