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1997 Supreme(SC) 983

1997(6) Supreme 510
SUPREME COURT OF INDIA
(From Karnataka High Court)
Mrs. Sujata V. Manohar and G.B. Pattanaik, JJ.
M.V. Srinivasa & Ors. etc. -Appellants
versus
State of Andhra Pradesh & Ors. -Respondents
Civil Appeal Nos.11560-11610 of 1996
With
Civil Appeal No. 11611/96 and W.P. (C) No. 405/90
Decided on 23-7-1997
Counsel for the Parties :
For the Appellants : Shanth Kumar V. Mahale, Advocate for P. Mahale, Advocate.
For the Respondents : Kh. Nobin Singh, Advocate for M. Veerappa, Advocate.

Headnote:Service Law-Claim of project allowance and amenities-Malaprabha Project-Government of Karnataka sanctioned project allowance at 20% of pay subject to maximum of Rs. 75/- p.m. to staff working under the project-Amenities like rent free quarter, free electricity and water supply sanctioned-Special allowance and amenities being given only to those who were stationed within project area-Appellants though engaged in the project but stationed not within project area but in Taluk headquarters and elsewhere-Whether entitled to get project allowance as well as amenities?-(No)-Appellants cannot be said to have been treated discriminately-It is the place of work which entitles a group of employees to get incentives and amenities and not employment of project itself.

       Held : The power to grant any special allowance and amenities to those employees who serve to Government and are posted in places with an unfavourable condition is within the discretion of the Government. Considering the nature of duties discharged by those who have been posted within a project area as well as non-availability of several basic amenities of life, the Government would be well within its power to grant some incentives like project allowance and other amenities like free quarters, free electricity and free water supply. But such incentives and amenities cannot be claimed as of right by all the employees who might have been employed in the project but are stationed outside the project area and are serving in Taluk Headquarters or elsewhere. It is the place of work which entitles a group of employees to get incentives and amenities in question and not the employment in the project itself. (Para 5)

       

JUDGMENT

G.B. Pattanaik, J.-In these appeals as well as the Writ Petition a common question regarding entitlement of the employees serving under a project but not within the project area to get project allowance as well as the amenities like rent free quarter, free electricity and free water supply arise for consideration and as such they were heard together and are being disposed of by this common judgment. The appeals in question are directed against the order of the Karnataka Administrative Tribunal. Admittedly the appellants are serving in the State of Karnataka and have been employed in different projects but they are posted not within the project area and on the other hand are posted either in Taluk Headquarters and elsewhere. The Government of Karnataka by order dated 27.9.1960 sanctioned project allowance at 20% of the pay subject to a maximum of Rs.75/-per mensum to the officers and staff working under the project and are stationed at the work spot. It was also indicated therein that they will be entitled to free quarters, free electricity and free water supply as allowed in other similar projects executed in the State. It was further stated in the aforesaid Government order that :-

"This is subject to revision when decisions are taken on the recommendations of the Rationalisation Committee."

2. By a subsequent letter dated 18.12.1968 from the Secretary to the Government PW and Electricity Department, Bangalore addressed to the Rao Hidkal Dam, Belgaum District it was clarified that the amenities like rent free quarter, free electricity and free water supply sanctioned to the Project staff of Malaprabha Project in Government order dated 27th September, 1960, are irrespective of the headquarters of the offices and while the Project allowance sanctioned to them is admissible only when the project staff is stationed either at the project site or away from cities and taluk headquarters, the other amenities will be available even to the employees serving under the Project and stationed beyond the project area and posted at the Taluk headquarters or any other place. These amenities which had been granted to the employees serving under the project under Government letter dated 18.12.1968, were withdrawn by Government letter dated 20.8.1987 giving it retrospective effect with effect from 19.12.1985. The aforesaid Government letter dated 20th August, 1987 is extracted hereinbelow in extenso:-

"From :

The Secretary to the Government of Mysore, P.W. & Elecy. Dept., Bangalore.

The Rao Hidkal Dam. Belgaum District.

Sub : Provision of free Electricity to the officials of the Malaprabha Project.

With reference to your letter No. RAO.CP.R. 140 dated 3rd/8th July, 1968 on the subject mentioned above, I am directed to state that the amenities like rent free quarters, free electricity, free water supply etc., sanctioned to the project staff of the Malaprabha Project in Government Order No. PWD 7, MMP 60 dated 24th/27th Sept. 1960 are irrespective of the headquarters of the offices. While the Project allowance sanctioned to them is admissible only when the project staff is stationed either at the project site or away from cities and taluk headquarters, these amenities are sanctioned to the staff, in view of the fact that though the head quarters of the circle office and sub-division offices are at Saundatti and other Taluk places, these places are devoid of rest of the amenities. As the Project allowance is in no way conditioned by non-provision of project amenities like housing, electricity etc., the project staff of the Malaprabha Project circle residing at Saundatti and other taluk headquarters places should therefore be held eligible for the amenities sanctioned by Government.

The letter issued with the concurrence of Finance Department vide their U.O. Note No.FD 6304-69 (W&H)

1. Dated 26th November, 1968.

Yours faithfully,

Sd/-










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