P.C. WADHWA versus STATE OF HARYANA & ORS

P.C. WADHWA versus STATE OF HARYANA & ORS

An IPS officer on deputation is legally entitled to deputation allowance as per Rule 2(b) of the Residuary Rules, and the mere absence of specific provision in the IPS (Cadre) or Pay Rules does not debar such payment if the Residuary Rules apply; the Central Government must expressly modify by order after...

Source-derived case information.

Parties
Appellant: P.C. Wadhwa; Respondent: State of Haryana; Respondent: Haryana State Electricity Board; Respondent: Union of India
Jurisdiction
India
Judgment Date
05 March 1981
Procedural Posture
Civil Appeal / Appeal From Punjab & Haryana High Court's Dismissal of Writ Petition in Limine
Outcome
Appeal allowed
Legal Topics
Deputation Allowance, All India Services, Residuary Rules, Conditions of Service
Service Law Administrative Law Deputation Allowance All India Services Residuary Rules Conditions of Service

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

P.C. Wadhwa

Appellant

State of Haryana

Respondent

Haryana State Electricity Board

Respondent

Union of India

Respondent

Procedural Posture

Civil Appeal / Appeal From Punjab & Haryana High Court's Dismissal of Writ Petition in Limine

Legal Issues

  1. 1 Whether IPS officers on deputation are entitled to deputation allowance under Rule 2(b) of All India Services (Conditions of Service-Residuary Matters) Rules, 1960
  2. 2 Whether absence of provision for payment of deputation allowance in IPS (Cadre) Rules or IPS (Pay) Rules debars such payment

Ratio Decidendi

An IPS officer on deputation is legally entitled to deputation allowance as per Rule 2(b) of the Residuary Rules, and the mere absence of specific provision in the IPS (Cadre) or Pay Rules does not debar such payment if the Residuary Rules apply; the Central Government must expressly modify by order after consultation to remove this entitlement, which did not occur here.

Court Disposition

Appeal allowed

Orders

  • Order of Punjab & Haryana High Court dismissing writ petition quashed.
  • Writ of mandamus issued to Haryana State Electricity Board to pay deputation allowance to appellant in terms of para (i)(c)(ii) of Punjab Government order.