- (1.) Heard Shri Vijay Gautam, learned counsel for the petitioners and learned Standing Counsel for the respondents.
(2.) By means of present writ petition, the petitioners have prayed for quashing the impugned orders dated 29.5.202, 26.7.2012 and 1.8.2012 passed by the respondent nos. 4, 5 and 6 respectively and have further prayed for direction to the respondent authorities not to deduct transport allowance from their salary in pursuance of the impugned orders and to pay the transport allowance as per circulars and orders.
(3.) It appears from the record that the petitioners are serving as Constable (Barber, Washerman and Water Carrier) in Railway Protection Special Force. The Battalions of Railway Protection Special Force deployed all over India on the direction of the Railway Board and after receiving the instruction, the Battalions, which receive the instructions, move for the place of duty from their headquarters. The Ministry of Railways time to time issued Government Orders for payment of transport allowance and compensatory allowance. After the recommendation of the 6th Pay Central Pay Commission, the Ministry of Railways issued a Notification dated 12.9.2008, which provides that transport allowances shall not be admissible, if the facility of Government transport is provided. The transport allowance is to be paid @ Rs. 263/- per day and before the transport allowance the petitioners were paid with CCA. The Divisional Railway Manager, Northern Railway issued an order on 26.6.2008 for payment of travelling allowance by staff deputed to visit Kashmir valley on duty. The Railway Board issued a circular on 16.9.2008 with regard to payment of special compensatory (hill area) allowance. The petitioners were assigned duty of Assam and they were deployed in Assam & West Bengal. By the impugned orders dated 29.5.2012, 26.7.2012 and 1.8.2012, the respondents directed for recovery of the transport allowance given to the petitioners from 1.9.2008.;