Judgment:
* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: January 07, 2013 + W.P.(C) 4340/2012 UNION OF INDIA & ORS ..... Petitioners Represented by: Mr.Amit Chadha with Mr.Atin Chadha, Advs. for UOI. versus DURGA DUTT SAINI ..... Respondent Represented by: Dr.M.P.Raju with Mr.J.P.Thomas, Advs. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE VEENA BIRBAL PRADEEP NANDRAJOG, J.
(Oral) 1. A petty sum of ` 8,287/- concerning the respondent is the subject matter of the instant writ petition.
2. It is not in dispute that the respondent was working and continues to work in the Defence Accounts Department. Issue pertains to the year 2005 till the year 2010 when respondent raised a bill for reimbursement of one newspaper per day and for which he placed reliance upon an Office Memorandum dated September 13, 1996 which reads as under:Subject: Reimbursement in respect of Newspapers purchased/supplied to officers at their residence-guidelines regarding. It has come to the notice of this Ministry that different Departments are allowing reimbursement in respect of Newspapers and Magazines purchased/supplied to their offices at their residence subject to different ceiling amounts. Therefore, the question of issue of guidelines for bringing about uniformity in this regard has been considered in this Ministry and it has been decided that the Officers in Ministries/Departments may hereafter be allowed reimbursement of bills in respect of newspapers purchased by them at their residence as under:S.No. Level of Officers 1.
2. 3.
4. Maximum No. of Indian Newspapers Secretary/Secretary level Addl. Secretary/Addl. Secretary level Joint Secretary/Joint Secretary level Director/Deputy Secretary/ Under Secretary/Section Officer or equivalent No limi”
2. 1 The officers would have option to purchase the Indian Newspaper of their choice. The reimbursement in respect of the Newspapers may be made by the respective Ministries/Departments of the officers on production of bill/cash memo by the concerned officer but in respect of Secretary/Addl. Secretary level officers, the bills can be paid directly by the Government to the newspaper agency if so desired by the Officer. The Officers will have the option to either return the old newspapers or to make a deduction from the reimbursement bill @ 15% for retaining such newspapers. No reimbursement in respect of Magazines/periodicals may, however, be allowed as these may not be permitted on individual basis but could be purchased by the Library of the Department and supplied to the officers on circulatory basis. FAs are requested to get such reimbursement regulated accordingly in their Ministry/Department. This issues (Expenditure). W.P.(C) No. 4340/2012 with the approval of 3. Rejecting the claim of the respondent as per order dated November 23, 2010, it has been communicated as under:ORDER In continuation to this office LC/WC/CHD/OA/2571/2008 dated 23.2.2010. order no. 1 WHEREAS, Sh. Durga Datt Saini, AAO, has filed an OA no. 2820/2010 in the Honble CAT (PB), New Delhi for reimbursement of expenses incurred on purchase of Newspapers. 2 AND WHEREAS, The Honble CAT (PB), New Delhi vide order dated 1.9.2010 has disposed of the OA granting liberty to Sh DD Saini, AAO to add to the OA the details of the claims mentioning the amount, period and the months of newspapers/magazines for which such claim is made in terms of the relevant rules, which should also be mentioned. 3 AND WHEREAS, the respondents, on receipt of the claim, shall decide the claim of the applicant and inform him by a speaking order of the decision taken within two months thereafter. 4 AND WHEREAS, the claim of ` 8287- on above account in respect of Sh DD Saini, AAO under his application dated 27.9.2010 was received in this office on 5.10.2010 under PAO (Ors), RRRC, Delhi Cantt letter dated 28.9.2010. 5 AND WHEREAS, the issue of extending the facility of reimbursement of expenses on account of supply of newspapers upto the level of AAOs at their residences was considered by the competent Authority in consultation which Ministry of Defence (Fin) in February 2010 and it was decided not to extend the facility upto the level of AAOs of the Defence Accounts Department in view of the fund constraints and economy instructions of the Govt. 6 AND WHEREAS, the case has been examined at appropriate level with reference to the order dated 1.9.2010 passed by the Honble CAT (PB), New Delhi in OA no. 2820/2010 and the representation dated 27.9.2010 submitted by Sh DD Saini, AAO. 7 NOW THEREFORE, keeping in view the decision of the department for not extending the scheme of reimbursement of News Paper bills at the residence of officers upto the level of AAOs of Defence Accounts Department, your claim for reimbursement of News Paper bills cannot be admitted for payment.
4. From the pleadings before the Tribunal in the reply filed by the writ petitioner we do not find any stand taken as sought to be urged before us that an Assistant Accounts Officer is not equivalent in rank to a Section Officer. Suffice would it be to state that the Office Memorandum dated September 13, 1996 entitles officers upto the rank of Section Officer to be reimbursed for the price of one newspaper per day at their residence.
5. Alternatively it is now said to be urged that the memorandum in question entitles officers in Ministries and Departments alone to receive reimbursement of one newspaper per day.
6. Are we to understand that officers in the Ministries and Departments would have to read newspapers in their house and those in their subordinate offices would be permitted to read newspapers in their offices rather than working? 7. It is obvious that if the intent of the circular is to deny newspaper reimbursement to officers in subordinate offices it would mean that these officers would be permitted to read newspapers in the office. This is just a light hearted comment. But what we intend to convey is that reimbursement of a newspaper price is not akin to a claim to be paid salary in a pay scale with reference to the qualitative and quantitative work to be performed. It would be a case of rank discrimination if officers upto a rank would be entitled to a newspaper only if they work in Central Ministries or Departments attached therewith and not subordinate offices. Be that as it may, it has not been indicated as to in which subordinate office the respondent is working.
8. As per the respondent he is working as an Assistant Accounts Officer in the Department of Defence Accounts i.e. directly attached to the Ministry of Defence. The petty amount involved and the shifting stand of the writ petitioner compels us to dismiss the writ petition in limine and uphold the order passed by the Tribunal which needless to state requires the writ petitioner to reimburse ` 8,287/- to the respondent.
9. No costs. CRL.M.A. No. 19606/2012 Dismissed as not pressed. (PRADEEP NANDRAJOG) JUDGE (VEENA BIRBAL) JUDGE JANUARY 07 2013 kks