Case Note & Summary
The petitioner, Sudhir Sambhaji Maldode, was appointed as a Constable in the Railway Protection Force on 17.04.1984 and later promoted to Head Constable. He met with an accident and underwent total hip replacement surgery. The Medical Authority of the respondents declared him unfit for armed force duty and recommended alternative sedentary employment by certificate dated 06.02.2010. On 08.02.2010, he resumed duty at RPF Outpost, Parbhani. On 09.02.2010, respondent No.4 directed him to report to the office of the Divisional Security Commissioner, RPF, Nanded. The petitioner was assigned alternative duty from 09.02.2010 to 03.02.2013. He filed a writ petition seeking directions to the respondents to pay travelling allowance, conveyance allowance, and holiday encashment for that period. The respondents opposed the petition, but the court, after hearing both sides, found that the petitioner was entitled to the allowances. The court noted that the petitioner was on duty and performing alternative work, and therefore, the allowances should be paid. The court allowed the petition and directed the respondents to pay the amounts within four weeks.
Headnote
A) Service Law - Allowances - Alternative Duty - Travelling Allowance, Conveyance Allowance, Holiday Encashment - Petitioner, a Head Constable in Railway Protection Force, was declared unfit for armed duty and assigned sedentary work - Court held that the petitioner is entitled to the allowances for the period of alternative duty from 09.02.2010 to 03.02.2013 - Respondents directed to pay the amounts within four weeks (Paras 1-6).
Issue of Consideration
Whether the petitioner is entitled to travelling allowance, conveyance allowance, and holiday encashment for the period he was on alternative duty from 09.02.2010 to 03.02.2013.
Final Decision
Writ petition allowed. Respondents directed to pay travelling allowance, conveyance allowance, and holiday encashment to the petitioner for the period 09.02.2010 to 03.02.2013 within four weeks.
Law Points
- Entitlement to allowances during alternative duty
- Travelling Allowance
- Conveyance Allowance
- Holiday Encashment
- Railway Protection Force Rules
