R P PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) Petitioner is a member of Higher Judicial Service in State of Uttar Pradesh. He was transferred and appointed as Officer on Special Duty, (for short OSD) Legal Aid and Advice Board, Sonebhadra under order dated 11th October, 1999 (Arnnexure-1 to the Writ Petition). He got him relieved from Lucknow and submitted joining report at Allahabad on 12th October, 1999. He took over as Officer on Special Duty (Legal Aid) under High Court order whereby his office Head Quarter to be at Allahabad. In para 5 of the petition it is stated that the petitioner is continuously performing his duties as OSD (Legal Aid) both at his Head Quarter at Allahabad and at Sonbhadra vide Government Order dated March 6, 1991 (Annexure-1 to the Writ Petition). Post of Officer on Special Duty (Legal Aid), is created for due discharge of functions of 'Legal Aid and Advisory Board' at Sonebhadra for welfare of tribals. It is to be filled by a member of Higher Judicial Services, State of Uttar Pradesh and such an appointment has to be on deputation. This scheme is floated in pursuance to the directions given by Supreme Court in the case of Banwasi Seva Ashram v. State of Uttar Pradesh, vide judgment dated 15th February, 1991. Para 2 of the said Government Order dated March 6, 1991 provides that Officer on Special Duty (Legal Aid) will be entitled to a special allowance equivalent to 30% of basic pay (Rs. 4,500-5,700/-at that time).

(2.) This order also categorically mentions that this special allowance is a 'compensatory allowance' and it will not be taken into account for any other purposes. Aforesaid order proclaims to have been concurrence of the Finance Department dated March 6, 1991 as well as with Governor's sanction. The said order do not make it necessary for Officer on Special Duty (Legal Aid) to reside at Sonebhadra nor it is a condition precedent for grant of special compensatory allowance of 30% of basic pay and the aforesaid Government Order also do not provide that Officer on Special Duty (Legal Aid) shall be deprived or forfeit any other allowance for which the Judicial Officer is otherwise entitled under relevant Rules/Government Order.

(3.) In paras 7, 8 and 9 of the Writ Petition, the petitioner contends that he prayed for payment of this special 'compensatory allowance admissible to an Officer on Special Duty (Legal Aid) under Government Order dated 6th March, 1991 but he was not paid. He thereafter filed representation dated 30th October, 1999 (with the recommendation of Incharge Chairman, State Legal Aid Tribunal (Mr. Justice Girdhar Malviya) to the Joint Director, Treasury, Annexure-6 to the Writ Petition. The Joint Director (Treasury), Allahabad sent letter dated 18th November, 1999 addressed to the Secretary, U.P. Government sought Clarification (Annexure 7 to the Writ Petition). He referred to G. Original Suit. 12.12.1996. April 1, 1991 under which creation of Presiding Officer of certain Courts (equivalent for Additional District Judges) shall be entitled to Banwasi compensatory special allowance equivalent to 30% of basic pay. Under these orders five Courts of Additional District Judge are said to be created and in addition to them another one Court of Additional District Judge and for them District Judge/District Magistrate of Sonebhadra (erstwhile Mirzapur) are said to be responsible to provide residences to such Presiding Officer.