D PERI REDDY Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioners are aggrieved by the stoppage of payment of unhealthy locality allowance (Bad Climate Allowance), Special Compensatory Allowance Rent-free quarters or Additional House Rent Allowance in lieu of rent free from quarters from 1-3-1996. Therefore, they seek a Writ of Mandamus deciding the payment of the said allowances with effect from 1-3-1996 after declaring that the stoppage of the said payments is violative of Articles 14, 16 and 21 of the Constitution of India.

(2.) We do not see how that can be done unless the petitioners establish that they have a right to the said allowances. It is not the case of the petitioners that some Government servants in the State are being paid the said allowances and that they are being denied in spite of their being placed in a similar position as the others receiving the said benefit. The learned Counsel for the petitioners and the learned counsel for the respondents are agreed that no State Government servant is being paid the said allowances after 1 -3-1996. No doubt, the Government appointed a Committee to enquire into the question as regards the feasibility of continuing the said allowances. It is stated that the said Committee had already submitted its report.

(3.) In the counter-affidavit filed on behalf of the respondents by the Additional Secretary to the Government, Finance & Planning (F.W.) Department, dated 24-9-1996 it is stated that the said Committee, which was constituted under G.O.Ms. No.55, Finance & Planning (FW-TA) Department, dated 11-1-1993, recommended in its report that "payment of Bad Climate Allowance and Special Compensatory Allowance may be continued as it is without any changes" with certain qualifications as regards the areas in which the said allowances should be given, and that the report is under the consideration of the Government. It is further stated that the Government constituted another Committee in G.O.Rt. No.971, Finance (TA) Department, dated 16-6-1995 "to make thorough review of the areas presently identified a? unhealthy localities as mentioned in G.O.Ms. No.297, Finance (TA) Department, dated 28-12-1991 for the purpose of payment of Bad Climate Allowance/Special Compensatory Allowance/Additional House Rent Allowance in lieu of Rent Free Quarters/Construction Allowance/Hill Station Allowance and also for classification of categories for the purpose of payment of Special Compensatory Allowance keeping in view of the level of development of various scheduled areas". It is further stated that this Committee also submitted its report and that the same is under the consideration of the Government. It is also stated that under G.O.Rt.No.972, Finance & Planning (FW-TA) Department, dated 16-6-1995, pending the report of the Committee constituted under G.O.Rt.No.971 dated 16-6-1995, allowances were extended on an ad hoc basis upto 29-2-1996. From this, it is obvious that the Government is seized with the question of extending the said allowances beyond 29-2-1996 and is in the exercise of considering the reports submitted by the Committees constituted under G.O.Ms. No.55 dated 11-1-93 and G.O.Rt. No.971 dated 16-6-1995. But the question is whether the petitioners can claim the said allowance as of right irrespective of the willingness of the Government of Andhra Pradesh to continue the said allowances. That is to say, whether the petitioners can insist that the said allowances should be paid to them even though the Government as a Policy decides not to continue the said allowances in view of its financial position or any other reason prevailing upon it to discontinue the payment of the said allowances.