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2006 DIGILAW 69 (HP)

N. L. VERDHAN v. STATE OF H. P.

2006-03-23

B.S.CHAUHAN, M.R.VERMA

body2006
JUDGEMENT R. S. Chauhan, Member (A):- This Original application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 for release of out standing amount of Rs.9,586.60 alongwith interest @ 18% pa. 2 The brief facts of the case are that the applicant was sent on deputation by respondent No.1 with respondent No.2 and posted as Tehsildar recovery with the respondent No.3 i.e. Kangra Central Co-operative Bank and joined there on 10-11-1987. He served this Bank upto October, 1999 before being repatriated to join as Tehsildar recovery in the parent department at Kullu. During the course of his deputation with the respondent No.3 he was unilaterally ordered to be repatriated by the respondent No.3 vide order dated 2.9.1989 (Annexure A-6) without any formal order form respondent No 1 i.e. Financial Commissioner (Revenue). Subsequently he has ordered to be relieved in absentia by respondent No.3 on 9.9.1989 without completing the necessary formalities of repatriation. During this period the applicant fell ill and was under medical treatment from 12.9.1989 to 18.10.1989 and was under treatment at Government Hospital Kullu. He was ordered to be posted as Tehsildar Una vide order dated 24.8.1989 and these orders were subsequently amended on 18.10 1989 as per order at Annexure A-22 by which he was posted as Tehsildar Recovery at Kullu. He joined as Tehsildar Recovery at Kullu on repatriation on 19.10 1989 following the above orders which were issued by the Revenue department. 3. The main dispute in this case relates to payment of dues on account of salary, arrears of salary, TA and TTA Bills and HRA etc, and other dues amounting to Rs.9,586,60 which were payable to him for the period he remained posted with respondent No.3 on deputation but was on leave on medical grounds during most part of this period. He had made several representations to respondent No.3 as also to respondent No.1 being the cadre controlling authority. Even after several representations made over the years the dues were not settled and ultimately applicant filed the present original application for settlement of his dues. 4. Reply was filed by respondent No.2 and 3. But no reply was filed on behalf of respondent No.1 despite time and opportunity. Even after several representations made over the years the dues were not settled and ultimately applicant filed the present original application for settlement of his dues. 4. Reply was filed by respondent No.2 and 3. But no reply was filed on behalf of respondent No.1 despite time and opportunity. Respondent No 2 i.e. Registrar Co-operative Societies broadly mentioned in his reply that the dues are payable by respondent No.3 i.e. Kangra Central Co-operative Bank as the services of the applicant were placed at the disposal of respondent No.3 during this period and no such dues are payable by respondent No.2. In his reply respondent No.3 has mentioned that during the period of deputation dues were payable by the Bank only upto September 9, 1989, the date on which the applicant was relived in absentia. They have also mentioned that all due like TA etc. have been paid and as such no amount is payable to the applicant after 9.9.1989 on his re-patriation to his parent department. 6. We have heard the learned counsel for the parties and perused the relevant record very carefully. 6. The short controversy in this original application pertains to payment of dues to the applicant who was on deputation with respondent No.3 from 1987 to 1989 and the main issue is that by whom these dues are to be paid. With a view to settle this issue reliance has been placed on the terms and conditions of the deputation issued by the revenue department as per annexure A-5 para (VI) in which it has been clearly stated that "the period of foreign service of the Tehsildar will commence from the date of relinquishing charge of the post of the Tehsildar and on the date of resuming charge of the post under the Government of Himachal Pradesh." In other words the deputation period will cover the period spent with respondent No.3 from the date of relinquishing the charge of the post of the Tehsildar under the State Government till the date resuming charge of the post under the Government of Himachal Pradesh. This would imply that the period upto 18.10.1989 during which applicant remained posted with respondent No.3 will be liability of the respondent No.3 for all intents and purposes and all dues for this period are liable to be paid by the said bank, since applicant joined as Tehsildar recovery on 10.11.1987 and joined back with the state government on 19.10.1989. In view of this position all dues for this period whether he was working with the Bank or was on medical leave are payable by the respondent No.3 as per terms and conditions regulating deputation as quoted above. This position is further supported by a letter at annexure A-13 which is from Deputy Secretary Revenue to Registrar Co-operative Societies with a copy of Managing Director, Kangra Central Cooperative Bank Dharamshala in which same stand has been taken and it has been stressed that this is the liability of borrowing authority to make payment of all the dues of the officer whose services are taken on deputation from the date of his relinquishing charge of the post in his parent department till the date of resuming charge of the post under the government of Himachal Pradesh. This position is also further supported by annexure A-22 which is the order of posting of the applicant as Tehsildar (Recovery) Kullu in supersession of earlier order vide which he was posted as Tehsildar Una on re-partriation from the Kangra Central Co-operative Bank which makes it dear that even as per this order dated 18 10.1989 he was still presumed to be working with Kangra Central Co-operative Bank and he was not repatriated till then. 7. In the light of facts as they have emerged from the record it is fully established that as per terms and conditions of the deputation the dues are payable by respondent No.3 from the date of relinquishing the charge of the post of Tehsildar under the state government upto the date of resuming charge of the post back under the government of Himachal Pradesh, which was resumed by the applicant on 19.10.1989. As such salary and other dues which are payable under the rules for the period upto 18 10.1989 are to be paid by the borrowing authority i.e. Kangra Central Co-operative Bank (respondent No.3). As such salary and other dues which are payable under the rules for the period upto 18 10.1989 are to be paid by the borrowing authority i.e. Kangra Central Co-operative Bank (respondent No.3). It is accordingly ordered that all dues which are payable under the rules be paid by the said bank (respondent No.3) within 3 months from this order. In the event of non payment of the dues within three months, the amount will be payable alongwith interest @ 12% w. e. f. 19.10.1989. Original Application is allowed to this extent with no order as to costs.