1996 INSC 0044
             Government of Andhra Pradesh, Finance and Planning Department and Others

                                                           Vs

                                            P. Eswar Reddy and Others

                                     Civil Appeals Nos. 1924-2015 of 1996

                                       (K. Ramaswamy, G.B. Pattanaik JJ)

                                                      08.01.1996

                                                        ORDER

1.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. 84,85,89,92 and 96-105 was sent, their acknowledgments 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.

2. Leave granted.

3. 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 order 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
officer from whom residential attenders are withdrawn to enable such officer to employ a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.

4. The question arose whether 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, 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. The appeals are accordingly
allowed. No costs.

Appeal allowed.