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1997 DIGILAW 767 (SC)

UNION OF INDIA v. GURLJ CHARAN DASS

1997-04-10

D.P.WADHWA, K.RAMASWAMY

body1997
( 1 ) ORDER :- This appeal by special leave arises from the order passed by the Central Administrative Tribunal at Cuttack in T. A. No. 267/8 6/05/1987. ( 2 ) THE admitted facts are that the respondent was working in Hirakund Project prior to 30/03/1960. Consequent upon the closure of the Project, offer was given to several persons including the respondent for seeking ap-pointment either in the State Service or in the Government of India service or to get retrenched. The alternative appointment in the Government project, namely, Dandakarnya Project was given to the respondent by letter dated 9/03/1960 by the Chief Admin-istrator of that project. The letter of appoint-ment read as under :"the post in question carries the pay scale of 180-10-300. . . . plus usual dearness allowances admissible to Central Government employees. In addition the following allowances have been sanctioned for the employees of the Dandakarnya Project and Sri Guru Charan Das will be entitled to them in addition to the extent admissible. I) 25 Per Cent deputation allowance, if he is already a permanent/quasi permanent employee, (ii) 20 Per Cent project allowance regardless of whether he is permanent/quasi permanent or not, (iii) Rent free tenanted accommodation in the area or the present (sic ). ( 3 ) IN case the post is acceptable to Shri Guru Charan Das on these terms and conditions, he may be relieved from his duties so as to (sic) as Publicity Officer at Koraput immediately but act (not) later than 4/04/1960 after availing joining time, admissible under the rules. "3. Obviously the respondent accepted the offer of appointment and in terms thereof by letter dated 2/04/1960, he was appointed temporarily as Publicity Organiser. Since deputation allowance was not paid to him, he filed a writ petition in the High Court. Consequent upon the constitution of the Tribunal, the writ petition was transferred to the Tribunal for disposal. The Tribunal has found as a fact that his continuance in Hirakund as U. D. C. was on permanent basis and that, therefore, he is entitled to the deputation allowance. ( 4 ) MR. P. P. Malhotra, learned senior counsel appearing for the appellant contends that since the respondent came to be appointed afresh on temporary basis in terms of the appointment letter, he is not entitled to the deputation allowance. We find no force in the contention. ( 4 ) MR. P. P. Malhotra, learned senior counsel appearing for the appellant contends that since the respondent came to be appointed afresh on temporary basis in terms of the appointment letter, he is not entitled to the deputation allowance. We find no force in the contention. ( 5 ) IN view of the offer of appointment given to the respondent and the respondent having accepted the same, he is entitled to the deputation allowance of 25 Per Cent. Since his status as a permanent U. D. C. was not disputed before the Tribunal and no tangible contra material has been placed before us justifying acceptance of the said finding recorded by the Tribunal, the respondent is entitled to deputation allowance as directed by the Tribunal. ( 6 ) THE appeal is accordingly dismissed. No costs. Appeal dismissed.