https://www.taxtmi.com/caselaws?id=84923 Upper Division Clerks who were not performing the special and onerous duties attached to earmarked posts were not entitled to special pay merely by reason of cadre status or seniority. The special pay was treated as compensation for discharge of those designated duties, so the absence of actual performance meant the legal basis for payment was missing. The fact that junior employees in special posts were receiving the allowance did not create an automatic entitlement, and an unchallenged tribunal order in another matter did not control a question of general legal principle. The claim for special pay was therefore rejected. en-us Mon, 22 Jan 1996 00:00:00 +0530 Mon, 01 Aug 2016 18:49:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=84923 Upper Division Clerks who were not performing the special and onerous duties attached to earmarked posts were not entitled to special pay merely by reason of cadre status or seniority. The special pay was treated as compensation for discharge of those designated duties, so the absence of actual performance meant the legal basis for payment was missing. The fact that junior employees in special posts were receiving the allowance did not create an automatic entitlement, and an unchallenged tribunal order in another matter did not control a question of general legal principle. The claim for special pay was therefore rejected. Case-Laws Income Tax Mon, 22 Jan 1996 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=84923