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1997 Supreme(SC) 1095

G.B.PATTANAIK, SUJATA V.MANOHAR
Govt. of A. P. – Appellant
Versus
Syed Yousuddin Ahmed – Respondent


JUDGMENT

Pattanaik, J.-This appeal is directed against the judgment of the Full Bench of Andhra Pradesh Administrative Tribunal in O.A. No. 10380 of 1990. The Tribunal by the impugned order directed that the incentive increments which had been given to the respondent for his meritorious work must be held to be a personal pay and the said personal pay has to be taken into account for determining the emoluments which the respondent was drawing on the date of his superannuation for the purpose of calculating his pension. The respondent, admittedly, was an employee of the erstwhile Hyderabad State and after the merger of the said State and on re-organisation he became an employee of the State of Andhra Pradesh. On the date of his superannuation on 31.12.1989 he was working as a Deputy Executive Engineer in the Irrigation Department and he had been granted four advance increments as incentive award pursuant to GOMs No. 562 GAD dated 17.11.1982 and GOMs No. 127 I&CAD dated 8.4.1988. In calculating his pension since this amount drawn by the respondent as incentive increment was not taken into account he approached the Administrative Tribunal. The Tribunal by the impugned order havi



















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