PRADEEP NANDRAJOG, J. - (1.) PRAYER made by petitioner Rajeev Kumar in W.P.(C) No.10331/2009 is to direct the respondents to pay him transport allowance together with interest @ 12% per annum on the arrears.
(2.) THE same petitioner, Rajeev Kumar, prays in WP(C) No.6305/2009 filed by him that the order dated 10.9.2010 transferring him from the Unit posted at Delhi to the Unit stationed at Shakti Nagar (UP) be quashed. Basis of the claim in W.P.(C) No.10331/2009 is the office memorandum dated 29.08.2008 issued by the Ministry of Finance records that as per the recommendations of the 6th Central Pay Commission, it has been decided that all employees of the Central Government be paid a transport allowance @ specified in the office memorandum and that the previous condition imposed vide OM dated 3.10.1997 which carves out an exception of transport allowance not to be paid to such employees who are provided official accommodation within a distance of one km from their office or within the campus housing stands withdrawn. It may be noted here that though not expressly pleaded in the writ petition, at the hearing of the two writ petitions, learned counsel for the petitioner conceded that as per the OM dated 29.8.2008, vide para 2(ii), the transport allowance is not admissible to those employees who have been provided with the facility of Government transport.
(3.) AS per the averments made in W.P.(C) No.10331/2009 it is pleaded that reason why transport allowance was not paid to the petitioner was the stands taken by the respondent, in the correspondence which was exchanged, that the management of National Thermal Power Corporation had provided a transport facility for the CISF Personnel to move between their place of residence and the Badarpur Thermal Power Station where they had to perform duties. It may be noted that serving as a Constable under CISF, at the relevant time and even till today, the petitioner is attached to the CISF Unit in-charge of Security at the Badarpur Thermal Power Station.;