Full Judgment Text
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PETITIONER:
SECRETARY TO GOVERNMENT OF ANDHRAPRADESH, FINANCE & PLANNING
Vs.
RESPONDENT:
P. ESWAR REDDY & ORS.
DATE OF JUDGMENT: 08/01/1996
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
G.B. PATTANAIK (J)
CITATION:
1996 AIR 1059 1996 SCC (7) 396
JT 1996 (1) 566 1996 SCALE (1)477
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Office report dated January 5, 1996 shows that
respondent Nos. 1-83, 86-88, 90 and 93 to 95 have been
served. They are not appearing either in person or through
counsel. But though notice on respondent Nos. 84, 85, 92 and
96-105 was sent, their acknowledgements have not been
received nor any report in that behalf has been sent. Notice
must be deemed to have been served on all the respondents.
Leave granted.
In G.O.M.S. No. 105 dated April 3, 1974 of the Finance
& Planning [F.R.I. & L] Department, it is stated that the
orders issued in G.O.M.S. No. 1059 dated November 11, 1971
directing sanction of a maximum compensatory allowance @ Rs.
150/- [which was later increased to Rs. 200/-] to the
officers from whom residential attenders are withdrawn to
enable such officers to employ a person/persons to attend to
the needs of the officers in the discharge of official work
at his residence. It was subsequently extended to the Senior
and Junior Lecturers working in the colleges. We are
concerned with the junior Lecturers.
The question arose junior lecturers during holidays and
leave period are entitled to the payment of compensatory
allowance. There was difference of opinion among the two-
member Bench of the Tribunal and consequently the matter was
placed before a third member. Per majority, it was held that
they are entitled to the payment of the allowance during the
leave or vacation period. It would be seen that the
Lecturers would not perform any official duty during
holidays. If at all they have done they would evaluate the
examination papers for which they would be paid the amount
for evaluating the papers. Under these circumstances, the
majority members were not right in concluding that they are
discharging the official duties during the vacation or leave
period and they are entitled to the compensatory allowance.
The said decision of the tribunal is accordingly set aside.
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The appeals are accordingly allowed. No costs.