M V SRINIVASA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) 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 mensem 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:-

(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which had been granted to the employees serving under the project under Government letter dated 18-12-1968, were withdrawn by Government letter dated 20-8-1987 giving it retrospective effect with effect from 19-12-1985.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:-

(3.) The appellants challenged the aforesaid order of the Government before Karnataka Administrative Tribunal. The Tribunal by the impugned judgment having dismissed the applications the present appeals have been preferred. The writ petition in question has also been filed by the employees working under the project challenging the withdrawal of the project amenities by Government Order, dated 20th August, 1987 giving it retrospective effect with effect from 19-12-1985. It is an admitted fact that these employees though are employed in the project but are stationed in Taluk headquarters and elsewhere and not within the project area.