SECRETARY TO GOVERNMENT OF ANDHRA PRADESH, FINANCE AND PLANNING DEPARTMENT AND ORS.versusP. ESWAR REDDY AND ORS.
- Citation
- 1996 INSC 30
- Decided
- 8 January 1996
Holding
Junior lecturers are not entitled to the compensatory allowance during holidays and leave periods as they do not perform official duties.
Summary
The Supreme Court examined an appeal by the Secretary to the Government of Andhra Pradesh against a decision of the Andhra Pradesh Administrative Tribunal concerning junior college lecturers. The issue was whether these lecturers were entitled to a compensatory allowance during holidays and leave when no official duties were performed. The Tribunal was divided; the majority held that the allowance was payable, while the minority disagreed. The Court found that the lecturers do not discharge official duties during holidays or leave and therefore are not eligible for the allowance. Consequently, the Tribunal's decision was set aside and the appeals were allowed.
Issues considered
- Whether junior college lecturers are entitled to a compensatory allowance during holidays and leave periods when they are not performing official duties.
Subjects
Judgment
\
SECRETARY TO GOVERNMENT OF ANDHRA PRADESH, A
t ' FINANCE AND PLANNING DEPARTMENT AND ORS.
v.
P. ESWAR REDDY AND ORS.
- JANUARY 8. 1996
[K. RAMASWAMY AND G.B. PATTANAIK, JJ.] ·
B
I
Service Law :
Junior LeL:furers in Colleges--Cnmpensatory allowance paid 011
withdraw} of residential attenders discharRing o.fficial work at re~idence-Not
c
discharRing official duties during hnUday.\· a11d leave period-Hence not entitled
to co1npensatory allowance during the period o.f holidays and leave.
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 1924-2015 of
IW6. D
From the Judgment and Order dated 17.6.91113.8.91 of the Andhra
Pradesh Administrative Tribunal at Hyderabad in 0.A. Nos. 21846-21928/90
and R.P. Nos. 19962-70 of 1989.
K. Ram Kumar C. Balasubramaniam, T. V.S.N. Chari and Ms. Asha Nair E
for the appellants.
The following Order of the Court was delivered :
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 F
or through counsel. But though notice on respondent Nos. 84, 85, 89, 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. G
In G.0.M.S. No. 105 dated April 3, 1974 of the Finance & Planning
(FR.I. & L) Department, it is stated that the orders issued in 0.0.M.S. No. 1059
dated November Jl, 1971 directing sanction of a maximum compensatory
allowance@ Rs. 150 [which was later increased to Rs. 200] to the officers from
who1n residential attenders withdrawn are to enable such officers to employ a H
207
··-t
208 SUPREME COURT REPORTS [1996] 1 S.C.R.
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 whether. junior lecturers during holidays and leave
period are entitled to the payment of compensatory allowance. There was
B 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 performed duty they would
C 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 arc 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. The appeals are
accordingly allowed. No costs.
D
G.N. Appeals allowed.
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