M.R. Calla, J. - (1.) This writ petition has been filed by the petitioner who is a member of the Rajasthan Education Service. Collegiate Branch with the grievance that he has not been paid the 50% of the Grant for attending the International Scientific Conference at Canada. The petitioner is a Lecturer in Botany and the research paper prepared by him and sent to the organisors of the International Conference at Calgary Canada was accepted for presentation in this conference as per Annex.] dated 30th November, 1983. The conference was to be held from 26th August, 1984 to 1st September, 1984. The petitioner approached the authorities for 50% of the Grant but the Dy.Director, of College Education first of all sent him a letter dated 23rd April, 1984 informing him that the proposals for the 50% travel grant cannot be recommended till 50% matching grant is sanctioned by the University Grant Commission and on that basis his application was returned. The University Grant Commission agreed to give 50% of the matching grant to the petitioner as per its letter dated 7th August, 1984 and thereafter the Education(Group-III) Department has sent the "No Objection" letter dated 19th August, 1984 to the petitioner for attending this conference. The petitioner went to Calgary and at,tended the 6th International Palynological Conference held at Calgary, Canada and also presented the research paper on 'Some Observations on Pollen Morphology of Cucurbitaceae. Having attended the conference the petitioner submitted the statement of expenditure incurred by him to the tune of Rs.25070/- and claimed Rs.12535/- from the Government of Rajasthan. The petitioner's case is that the University Grant Commission has paid him a sum of Rs.12483/- and he is entitled to the equal amount of grant from the Government of Rajasthan but the Government of Rajasthan instead of sanctioning the equal amount of 124831- by its letter dated 6th February, 1985 sanctioned a sum of Rs. 11101/- only. Even this amount of Rs.11101/- was not paid despite petitioner's repeated request. The documents Annex. 10-A to 10-C are on record in token of the payment of Rs.12483/- by the University Grant Commission to the petitioner. It is unfortunate that without making any payment to the petitioner as per the sanctioned amount of Rs.11101/- in terms of the letter dated 6th February, 1985 issued by the Education (Gr.III) Department, Government of Rajasthan with the concurrence of the Finance Department dated 23rd August, 1984 as late as in 1987, a letter dated 9th January,1987 was sent by the Director, College Education modifying the earlier sanction dated 6th February, 1985 and conveying the sanction for the sum of Rs.6526/- only in favour of the petitioner for the aforesaid purpose against. a sum of Rs. 8712/- calculating it to be travel expenses and mentioning that the sum of Rs.2186/- i.e. the difference may be recovered from the petitioner. The petitioner was paid a sum of Rs.6377/- only against the sanctioned amount of Rs.11101/- and a letter dated 9th January,1987 was issued mentioning therein that the sanctioned amount of Rs.6526/- instead of Rs.8712/- against the actual expenses and an amount of Rs.2186/- be recovered from the petitioner. Now the position is that the petitioner has been paid a sum of Rs.6377/- in all by the Government of Rajasthan as against the payment of Rs.12483/- by the University Grant Commission and the petitioner is claiming equal amount from the Government.
(2.) Shri M.I. Khan, Addl. Advocate General appearing on behalf of the respondents has submitted that there are no Rules under which the said grant may be claimed. No provision was made by the respondents to make this payment and, therefore, the petition is not maintainable and the petitioner is not entitled to anything from the Government and the amount of Rs.6377/- has already been paid. The counsel for the petitioner has also referred to the document Annex.14 dated 8th July,1982 whereby 50% of the Grant had been paid by the Government in case of one Dr.T.N.Nag, Lecturer in Botany, Dungar College, Bikaner.
(3.) It is a matter of regrets no less than surprise that instead of giving due encouragement to its teachers for attending such Scientific Conference at international level and instead of appreciating and commending the petitioner's contribution and the presentation of the research papers at international level, the Government is not prepared to part with the 50% of the actual expenses for attending this conference and it becomes all the more painful that a body like the University Grant Commission has paid the amount of 50% of the grant to the petitioner but the Government in repudiating the claim of its own share and that too for such a petty amount. When it comes to the advancement science and acadamics, parting away with such petty amounts should be hardly material for a welfare State rather persons have to be encouraged for the advancement of the zeal of the teachers to prepare the research papers and presenting the same at such international conferences. Merely because no Rules have been framed, it does not mean that the Government is absolved of the duty to act fairly towards its own employees and on this ground it cannot be said that the writ petition is not maintainable merely because the Rules have not been framed. In the facts of this case, I find that it is hardly a case worth opposing and the Government should have came sue moto with the payment of the remaining amount in favour of the petitioner instead of contesting the petition. The petitioner had to file the petition for this relief should have been considered to be enough apathy in such matters against the laudable objects which we cherish the most in any case. I deem it proper in the facts of this case to direct the respondents to make a payment of Rs.12483-6377 = 6106/- to the petitioner within a period of one month from the date the copy of this Order is made available to the concerned authorities. After that the petitioner shall be entitled to interest at the rate of 12% per annum on the due amount. The writ petition is allowed as indicated above. Writ Petition Allowed.;