Case Note & Summary
The dispute pertained to payment of compensatory allowance to junior lecturers in government colleges in Andhra Pradesh. The allowance had been sanctioned by the Government of Andhra Pradesh through G.O.M.S. No. 1059 dated November 11, 1971, and clarified by G.O.M.S. No. 105 dated April 3, 1974, from the Finance & Planning (F.R.I. & L) Department. It was intended for officers from whom residential attenders had been withdrawn, to enable such officers to employ a person or persons to attend to their needs in the discharge of official work at their residence. The allowance was initially fixed at a maximum of Rs. 150 per month, later increased to Rs. 200, and was subsequently extended to senior and junior lecturers working in colleges. The question that arose was whether junior lecturers were entitled to receive this compensatory allowance during holidays and leave period. The matter first came before the Andhra Pradesh Administrative Tribunal. A two-member Bench of the Tribunal differed in opinion, and the matter was placed before a third member. By majority, the Tribunal held that junior lecturers were entitled to the payment of the allowance during leave or vacation period. The State of Andhra Pradesh, aggrieved by this decision, appealed to the Supreme Court. While considering the appeals, the Court noted from an office report dated January 5, 1996, that most respondents had been served but did not appear; subsequently, notice was deemed served on all respondents. Leave was granted. The central legal issue was whether the compensatory allowance, which was tied to discharge of official work at residence, could be claimed for periods when no official duty was actually performed. The State contended that during holidays and leave, junior lecturers do not perform any official duty; if they evaluate examination papers, they receive separate remuneration for that evaluation, so they should not be entitled to the compensatory allowance for such periods. The Court examined the government orders and observed that the allowance was meant to enable officers to employ persons to attend to their needs in the discharge of official work at residence. It noted that lecturers would not perform any official duty during holidays. If at all they did any work, such as evaluating examination papers, they would be paid separately for that work. Under these circumstances, the majority members of the Tribunal were not right in concluding that junior lecturers were discharging official duties during vacation or leave period and hence entitled to compensatory allowance. Accordingly, the Supreme Court set aside the Tribunal's decision, allowed the appeals, and held that junior lecturers are not entitled to compensatory allowance during holidays or leave period. No costs were awarded.
Headnote
A) Service Law - Compensatory Allowance - Entitlement during holidays and leave - Government Orders G.O.M.S. No. 105 dated 03.04.1974 and G.O.M.S. No. 1059 dated 11.11.1971 - The issue was whether junior lecturers are entitled to compensatory allowance during holidays and leave period when they perform no official duty. The Supreme Court observed that lecturers do not perform any official duty during holidays, and if they evaluate examination papers they are separately paid for that work. Held that the Tribunal's majority view was erroneous; junior lecturers are not entitled to compensatory allowance during vacation or leave period. Appeals allowed, Tribunal's decision set aside, no costs. (Paras 1-2)
Issue of Consideration
Whether junior lecturers are entitled to payment of compensatory allowance during holidays and leave period when no official duty is performed
Final Decision
The Supreme Court allowed the appeals, set aside the Tribunal's decision, and held that junior lecturers are not entitled to compensatory allowance during holidays or leave period because they perform no official duty then; any evaluation of examination papers is separately paid. No costs.
Law Points
- Compensatory allowance sanctioned for residential attenders withdrawn is contingent on discharge of official work at residence
- during holidays/leave junior lecturers perform no official duty
- examination evaluation is separately remunerated
- so allowance not payable
