SUBBANNA N R Vs. STATE OF MYSORE

JUDGEMENT

(1.) The petitioner who is working as a second division clerk in the office of the Official Receive, Bellary, has filed this writ petition under Art. 226 of the Constitution of India seeking to quash the Government order dated 6 March, 1964 declining to extend to him the benefits under the Government order dated 26 June, 1959. He has further prayed for a direction to the Government to grant him the said benefit by issuing a writ of mandamus or other appropriate writ or by any such order.

(2.) The petitioner N. R. Subbanna was appointed by the District Judge, Bellary, as a temporary clerk to work in the office of the Official Receiver, Bellary. He was confirmed by the District Judge by his order dated 30 January, 1961 with effect from 25 June, 1959 as a clerk in the Munsif's Court, Bellary. The petitioner gave a representation to the Official Receiver, Bellary, on 8 September, 1958 stating that he was eligible to draw the duty allowance of Rs. 10 per month as he was the only person who dealt with the cash and accounts of the offices of the Official Receiver and hence he should be permitted to draw the said duty allowance. This representation of the petitioner addressed to the Official Receiver was forwarded to the District Judge, Bellary, who by his order dated 27 September, 1958 informed the Official Receiver that N. R. Subbanna, i.e., the present petitioner, a clerk in his office is not entitled for special pay of Rs. 10 per month as claimed by him since the special pay was sanctioned to cash clerks of subordinate Courts and the office of the Official Receiver is not included in Government order No. HD. 23 CDA 57 dated 28 September, 1957.

(3.) At this stage, we may refer to the Government order dated 25 January, 1957 with regard to the rationalization of allowances [No. FL(B) 14034-14133 Bud. 119-56-3] and Para. 14(q) of the said order relating to rationalization of allowances states as follows : "14. (q) Rationalization of allowances - Officials entrusted with cash work may be given Rs. 10 to Rs. 20 per mensem according to the volume of cash transaction handled."