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1996 Supreme(SC) 1370

G.B.PATTANAIK, K.RAMASWAMY
State of Karnataka – Appellant
Versus
S. M. Kotrayya – Respondent


ORDER

Delay condoned.

Leave granted.

2. At the outset, we express our deep appreciation for the valuable assistance rendered by Shri D.V. Sehgal, learned senior counsel who appeared as amicus curiae at our request since the respondents did not appear either in person or through counsel.

3. These appeals by special leave arise from the common order of the Karnataka Administrative Tribunal, dated August 14, 1989 made in Application Nos. 4134-45/89. The admitted facts are that the respondents, while working as teachers in the Department of Education, availed of Leave Travel Concession during the year 1981-82. But later it transpired that they had never utilised the benefit of LTC but drew the amount and used it. Consequently, recovery came to be made in the year 1984-86. Some of the persons filed applications in the Tribunal questioning the power of the Government to recover the same. It would appear that thereafter in August 1989 the Tribunal allowed similar claims and had held that the appellant-Government could not recover the same from the respondents. On coming to know of it, the respondents filed applications in August 1989 before the Tribunal with an application to condone the del















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