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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@ Rs. 150/- [which  was later  increased  to  Rs.  200/-]  to  the officers from  whom residential  attenders are  withdrawn to enable such officers to employ a person/persons to attend to the needs  of the officers in the discharge of official work at his residence.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.