Special Allowance

Notification dated 27.9.2010 — salient features — admissibility to — specific allowance @ 20% of basic pay granted to the employees of civil secretariat (Bs-1-Bs-21) — three types of civil servant excluded from receiving special allowance @ 20% of basic pay — Civil servants, who are already in receipt of special allowance like judicial allowance Administrative Secretaries allowance, departmental specific allowance and who are posted in the President and Prime Minister’s Secretariat, the special allowance is not admissible to them — the wisdom behind the refusal of grant of 20% allowance to these categories is that the employees of these categories are already in receipt of one special allowance and in presence of one special allowance they are not entitled for second allowance — Non admissibility of allowance is based on reasonable classification — such classification is permissible under law — Non admissibility of allowance to the employees who are on leave, study leave, long leave for training abroad or under suspension is on the ground that they are not actually working or performing their duties during this period—third category is of the Officers of civil Secretariat department who are on deputation or posted by transfer outside the Secretariat and it includes the attached departments and autonomous bodies — the employees receives the special allowance of the said departments or autonomous bodies — Non admissibility of allowance @ 20% to these categories is due to the reason, that civil servant already receiving the special allowance, shall not receive another similar allowance. Muhammad Akram Khan & 73 others v. Finance Department & 3 others 2016 SCR 672 (A)
Wafaqi (Ombudsman) Mohtasib Secretariat — Notification dated 20^th March, 2007 — Azad Govt. of the State of Jammu & Kashmir — Notification dated 27^th Sep. 2010 — Admissibility of special allowance @ 20% of basic pay to the employees of Mohtasib Secretariat — through notification dated 20^th March, 2007, 20% special allowance was granted to the employees of the Wafaqi (Ombudsman) Mohtasib Secretariat employees — certain eventualities for inadmissibility of allowance are provided in the notification dated 20.3.2007 — The same conditions of non-admissibility are provided in the notification dated 27^th September, 2010 — Fundamental right No.15 guarantees equal treatment, like persons are to be treated alike —Held: appellants are entitled for special allowance of 20% in the light of the notification dated 27.9.2010. Muhammad Akram Khan & 73 others v. Finance Department & 3 others 2016 SCR 672 (C)
— Grant of—employees of Inspectorate of Stamps–appellant placed on record a copy of letter, whereby equally placed employees of Directorate of stamps Punjab have been shown to be in receipt of 20% special allowance—held: right to equal treatment and equality before law has been guaranteed by Constitution—like persons are to be treated alike—appellants have been discriminated—appellants declared entitled for 20% Special Allowance in the light of notification dated 27^.9 2010. Sardar Akhtar Ali Khan & 25 others Versus Azad Govt. & 3 others 2021 SCR 748 (A,B,C&D)