Judgment

SHAH, J. : This is an appeal against the judgment of the High Court of Judicature at Patna from an order commanding the Accountant General of Bihar, Ranchi to pay certain passage allowance due under the Superior civil services (Revision of Pay and Pension) Rules, 1924, to the wife and/the children of the respondent.

2. After passing the competitive examination held in London in August 1924 the respondent N. Bakshi was admitted in November, 1924 to the Indian Civil Service and was, after his arrival in India, posted in the Province of Bihar. He continued to serve in the State of Bihar after independence.

3. On February 3, 1956, the respondent enquired of the Accountant General of Bihar about the number of passages to which he and the members of his family were entitled under the Superior Civil Services (Revision of Pay and Pension) Rules, 1924--hereinafter called the Statutory Rules. The Accountant General, by letter dated March 6, 1956, stated that £ 284-6s. stood in the respondent s credit £ 841-3-5d. stood in the account of his wife and £ 138 stood credited in the separate accounts of each of his four children. The respondent then arranged to travel to the United Kingdom an