Manmohan Sarin, J.

( 1 ) PETITIONER, who was working as Section Officer in the ministry of External Affairs, was posted in Mozambique, Africa during the period 1984-86. He returned to India on 1. 10. 1986. Petitioner by this writ petition, seeks quashing of the letter dated 29. 3. 1996 of the Ministry of External Affairs rejecting petitioner s representation for repatriation of sale proceeds of the car and holding that draft of Rs. 14,950/- was in order.

( 2 ) PETITIONER also seeks a direction to the Union of India to pay a sum of Rs. 61,290. 96 (Rupees sixty-one thousand two hundred ninety and ninety-six paise only) with interest at 24 per cent per annum from the date of deposit. Petitioner also prays for award of costs.

( 3 ) BY letter dated 29. 3. 1996, appearing at page 26 of the paper book, respondent remitted to the petitioner a sum of Rs. 14,950/- (Rupees fourteen thousand nine hundred and fifty only) by a Reserve Bank of India bank draft issued by the Embassy of India at Maputo, Mozambique. The said amount which was remitted represented the rupee equivalent of sale proceeds of the Mazda car sold by the petitioner prior to returning to India. The amount had been computed by the respondent at the then prevailing commercial rate of exchange. Petitioner s case is that he was entitled to repatriate and be paid the amount in Indian rupees converted on the basis of prevailing official exchange rate.

( 4 ) RESPONDENT relies on the sanction letter dated 26. 2. 1987, appearing at page 18 of the paper book which mentions the sanction amount as Rs. 57,475/ -. The said sanction letter dated 26. 2. 1987 is in the following terms:

"subject : Remittance facilities by Reserve Bank of India draft to Shri m. L. Anand formerly Registrar, Embassy of India, Maputo. Sir, i am directed to refer to your letter No. Map/586/2/84 dated 30. 9. 86 on the above subject and to convey the sanction of the President to the remittance to india by Shri M. L. Anand formerly Registrar in your Mission of a sum of Rs. 57,475/- (Rupees fifty seven thousand four hundred and seventy-five only) being sale proceeds of his car by RBI draft against deposit in local currency. The sanction is being granted on the condition that no normal banking channels are available for repatriation of the amount from Maputo and that repatriation by means of RBI draft should be at the prevailing official or commercial rate of exchange whichever is favourable to the Government on the date the amount is credited to the Mission s account. The usual bank commission may please be realised from him and credited to Government account. You may please ensure that the RBI draft to be issued should be endorsed not creditable into non-resident Account held in India. this issue with the concurrence of Finance Branch vide their Dy. No. 647/ fin. III/87 dated 20. 2. 1987. "

( 5 ) LEARNED Counsel for the respondent submits that though the petitioner returned to India in October, 1986, he had left the proceeds of the car with a colleague of his, which were deposited in the Government treasury on 19. 3. 1987. Learned counsel submits that the sale proceeds were subject to the condition that repatriation would be at the prevailing official or commercial rate of exchange whichever is favourable to the Government on the date the amount is credited to the Mission s account. He submits that there was a lot of disparity between the commercial rate of exchange and official rate of exchange. The commercial rate of exchange was metical 3. 02=re. l. 00. The amount deposited with the Embassy after conversion on the prevailing commercial rate worked out to Rs. 14,950/-and this amount was paid to the petitioner after deducting Metical 1. 39, as bank commission. He submits that though the sanction letter mentions the figure of Rs. 57,475/- it also specifically mentions that the repatriation would be at the prevailing official or commercial rate of exchange, which was favourable to the Government on the date the am

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