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1998 Supreme(SC) 343

S.P.KURDUKAR, S.B.MAJMUDAR
Selvaraj – Appellant
Versus
Lt. Governor Of Island, Port Blair – Respondent


Order

Leave granted. We have heard learned counsel for the appellant as well as learned counsel for Respondents 1 to 5 who are the only con­testing respondents in the present case.

2. A limited notice was issued in the SLPs which has resulted into these appeals. It was to the effect “whether the petitioner is enti­tled to draw the salary attached to the post of Secretary (Scouts) during the time he actually worked on that post pursuant to the order at Annexure `E’ dated 28.1.1992 at page 32 of the Paper-Book. And if so, what was the scale of pay for the said post according to him”. When we turned to the order dated 28.1.1992 under which the appellant was called upon to look after the duties of the Secretary (Scouts) we find the following recitals as per Order No. 276, dated 28.1.1992.

“The Director of Education, A & N Islands is pleased to order the transfer to Shri Selvaraj, Primary School Teacher attached to Middle School, Kanyapuram to Directorate of Education (Scouts Section) to look after the duties of Secretary (Scouts) with immediate effect. His pay will be drawn against the post of Secretary (Scouts) under GFR 77.”

It is not in dispute that the appellant looked after the dutie



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