J.Shankar, vs The Secretary Education ...
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HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                    AND
    HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

                         W.A.No.13 of 2008

JUDGMENT:   (Per Hon'ble Sri Justice Abhinand Kumar Shavili)


     This Writ Appeal is filed aggrieved by the orders

passed in W.P.No.7252 of 2000 dt.22-08-2007.


      2.   Heard Sri K. Rathanga Pani Reddy, learned

counsel for the appellant, learned Government Pleader

for Education appearing for 1st respondent and Sri

Deepak Bhattacharjee, learned Standing Counsel for

the respondent Nos.2 to 5.

3. It has been contended by the appellants that

they are all employees of the Osmania University and

seeking declaration that the appellants are entitled for

payment of 30% on the basic pay as field allowance.

The appellants had further contended that all the

appellants were working within 60 KMs radius and

they are entitled for special allowance of 30% in tune 2 HCJ & AKS,J W.A.No.13 of 2008

with the resolution passed by the University on

17-05-1972. Therefore, withdrawing of special

allowance as it was stopped abruptly from March 2000

is an arbitrary exercise. Challenging the same, the

present Writ Appeal is filed.

4. Learned counsel for the appellants had

further contended that when once the University has

passed resolution to extend special allowance, the

respondents cannot stop the special allowance.

Therefore, the learned counsel for the appellants had

contended that appropriate orders be passed in the

Writ Appeal directing the respondents to pay special

allowance to the appellants in accordance with the

resolution passed by the University dt.17-05-1972.

5. Learned counsel for the respondent Nos.2 to

5 had contended that the University runs on the basis

of funds of the Government and the Government has 3 HCJ & AKS,J W.A.No.13 of 2008

issued G.O.(P).No.255 of 2005 and the relevant portion

of which reads as under:

"(xvi) The Registrars should note that where Special Pay has not been sanctioned specifically to any particular category the same shall be treated as discontinued and it shall not be allowed in the Revised Pay Scales, 2005. The Registrar on receipt of the verification reports from the audit authorities shall prefer the claim before the Finance Officer of the University. The Finance Officer shall maintain a separate register after the claim of the pay fixations are passed for payment. Monthly accounts shall be prepared and sent with the vouchers including arrears of pay fixation in the Revised Pay Scales in normal course as per the schedules of dates. The Finance Officer of Universities and Comptroller of Acharya N. G. Ranga Agricultural University are requested to issue necessary instructions to their subordinate officers for following the above procedure with regard to admission of pay fixation and reporting system. The Finance Officer shall also inform the Government the total additional expenditure incurred on the implementation of the Revised Pay Scales, 2005 to the Government in Finance (PC-1) Department."

                                        4                                HCJ & AKS,J
                                                                    W.A.No.13 of 2008

Therefore, after issuance of the above said G.O.(P), the

appellants were not entitled for grant of special

allowance.

6. This Court having considered the rival

submissions made by the parties is of the considered

view that learned Single Judge has rightly disposed of

the Writ Petition with the following observation:

"In view of this letter of the Government and in view of the G.O.(P) No. 255, I am of the view that the petitioners were entitled to allowance of 30% till 31.3.2005, as G.O.(P) No. 255 was issued on 10.10.2005, but the revised pay scales under it came into force from 1.7.2003 and the monetary benefits were allowed from 1.4.2005; since the petitioners also got monetary benefits under the revised pay scales from 1.4.2005 and in para (xvi) which has been quoted hereinabove it was categorically stated that the special pay has not been sanctioned to any particular category and the same shall be treated as discontinued and it shall not be allowed in the revised pay scales of 2005."

and the learned Single Judge had categorically held

that the appellants were entitled for 30% of allowance

till issuance of G.O. (P) No.255 dt.31-03-2005, but the

revised pay scales under it came into force from

01-07-2003. The monthly benefits were allowed from 5 HCJ & AKS,J W.A.No.13 of 2008

01-04-2005 since the petitioner also got monetary

benefits under the revised pay scales from 01-04-2005

and in para (xvi), which has been quoted hereinabove,

it was categorically said that the special pay has not

been sanctioned to any particular category and the

same shall be treated as discontinued and it shall not

be allowed in the revised pay scales of 2005.

7. In view of the above categorical findings of

the learned Single Judge, this Court is not inclined to

interfere with the order of the learned Single Judge.

8. Therefore the Writ Appeal is dismissed.

There shall be no order as to costs.

_________________________________ SATISH CHANDRA SHARMA, CJ

________________________________ ABHINAND KUMAR SHAVILI, J 25.02.2022 Kvr