2017 (5) TMI 980

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....ATEL J ORDER The present petition is directed against the order dated 7.7.2015 passed by the Tribunal, whereby the Tribunal for the reasons recorded in the order has directed for disbursement of the additional remuneration as per Fundamental Rules 49, within the prescribed period. 2. We have heard Mr. Gangadhar Sangolli, learned counsel appearing for the petitioner and Mr. Javed Hussain, ....

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....ional charge should be passed after obtaining approval of the competent authority. To make appointment to the post, he contended that in the present case, the orders were not obtained and therefore, in view of this clarification dated 16th April, 2015, the relief could not be granted by the Tribunal and hence, this Court may interfere. 4. We may at the outset record that the respondent held the....

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....s, sanction is required. It does not speak for non-entitlement, on account of the holding charge exceeding a period of three months. In our view, the entitlement for the additional charge allowance/remuneration is one thing and the disbursement aspect is another thing. FR 49(iii) expressly provides for the charge allowance for holding the charge of another post. Once the entitlement is proved, mer....

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....n neither be nullified nor can be diluted. When proviso to FR 4 9(iii) expressly provides for sanction of the competent authority for payment, it cannot be mixed with the sanction to be granted at the time when charge is to be handed over. In any case, it was not contended on behalf of the petitioner before the Tribunal nor any material is shown to this Court that the respondent held charge of the....