to Government of Andhra Pradesh, Finance & Plannin Vs. P. Eswar Reddy &
Ors  INSC 21 (8
K.Ramaswamy, K.G.B. Pattanaik (J)
1996 AIR 1059 1996 SCC (7) 396 JT 1996 (1) 566 1996 SCALE (1)477
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.
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residential attenders are withdrawn to enable such officers to employ a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
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.
said decision of the tribunal is accordingly set aside.
appeals are accordingly allowed. No costs.
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