Punjab-Haryana High Court
Krishan Pandey And Others vs The State Of Haryana And Others on 16 May, 2012
Author: G.S.Sandhawalia
Bench: G.S.Sandhawalia
CWP No.2829 of 1994 -1-
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No.2829 of 1994 Date of decision:16.05.2012 Krishan Pandey and others .....Petitioners Versus The State of Haryana and others .....Respondents CORAM : HON'BLE MR.JUSTICE G.S.SANDHAWALIA Present: Mr. P.N.Aggarwal, Advocate for the petitioners.
Ms. Aakanksha Sawhney, DAG, Haryana for the respondents G.S.Sandhawalia J, (oral).
1. The present writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of writ in the nature of certiorari, mandamus, prohibition etc. quashing the impugned order dated 16.7.1993 (Annexure P-7) passed by respondent no.3 and for issuance of direction to the respondents to upwardly revise and fixed travelling allowance of Multipurpose Health Supervisors (Male) and (Female) including the petitioners and that fixed travelling allowance should be higher than that of the Multipurpose Health Workers (Male) and (Female) w.e.f. 29.5.1989 and the petitioners should be paid that revised fixed travelling allowance.
2. A perusal of the impugned order goes on to show that the fixed travelling allowance of the Multipurpose Health Supervisors was fixed in pursuance of the instructions dated 9.2.1988 whereby the fixed travelling allowance was revised from ` 37.50 paise per month to ` 75/- per month.
3. Counsel for the petitioner submits that the Multipurpose Health Workers who were lower in status are also getting fixed travelling CWP No.2829 of 1994 -2- *** allowance at ` 75/-. Admittedly, respondents in para No.15 of their written statement have justified the fixed travelling allowance to the Multipurpose Health Workers on the ground that they were required to pay many more follow up and other contact visits than that of the Multipurpose Health Supervisors. Para No.15 of the written statement reads as under:-
"That para 15 of the writ petition is admitted. It is further submitted that although the area of operation of Multipurpose Health Supervisor is more than that of Multipurpose Health Worker and the post of Multipurpose Health Supervisor is higher than that of Multipurpose Health Worker, yet the Multipurpose Health Worker is required to pay many more follow up and other contact visits than the Multipurpose Health Supervisor. In view of the intensity and individual contact required by Multipurpose Health Worker, the fixed travelling allowance at par with Multipurpose Health Supervisor is quite justified."
4. Admittedly, the petitioners have already retired and, therefore, question of entitlement of travelling allowance which has only to be paid during the currency of service has been rendered academic. Counsel for the petitioners is also not in contact with the petitioners to inform the Court as to whether there has been any further enhancement thereafter.
5. The fixation of allowance is for the Government to consider and there is no legal right of the petitioners to seek enhancement.
6. Accordingly, the writ petition is dismissed as having been rendered infructuous.
16.05.2012 (G.S.Sandhawalia) Pka Judge