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2009 Supreme(Ker) 1001

ANTONY DOMINIC
E. Francis – Appellant
Versus
State of Kerala – Respondent


Advocates appeared:
For the Petitioners:Jacob P.Alex, Advocate. For the Respondents:Elvin Peter P.J., Advocate.

Judgment :

Petitioners are Judicial Officers serving in the District Center at Pathanamthitta. In this writ petition, their grievance is regarding non payment of Transfer Grant/Disturbance Allowance, which is also described as Composite Transfer Grant, for the period from 1/1199 till 1/6/05.

2. Briefly stated, the facts of the case are that Chapter 19 of the Shetty Commission Report dealt with the recommendation of Allowances, Amenities and Advances. Para 17 contained recommendations regarding Transfer Grant/Disturbance Allowance and the paragraph reads as under;

177. Transfer Grant/Disturbance Allowance: Each State has prescribed the rules regarding payment of "Transfer grant' for transferred officers. But such rates are in variance with the provisions made by Central Government. Recently (w.e.f. 8.10.99), Central Government has introduced 'composite Transfer Grant' equivalent to one month's basic pay. Such a 'composite Transfer Grant' is appropriate and simple. Commission suggests that all States should adopt GOI pattern. Till then the existing rules in each State/UTs would also govern the Judicial Officers."

3. In its judgment in All India Judges' Association case {2002(4) SCC 24


























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