9911796707
TMI Blog2017 (5) TMI 980X X X X Extracts X X X X X X X X Extracts X X X X ..... e entitlement is proved, merely because for disbursement, the sanction is required of the higher authority is no ground to deny the benefit for the additional charge allowance. The interpretation as canvassed by the learned counsel that in the absence of any sanction granted by the higher authority, one is not entitle d for the charge allowance for the period exceeding three months is not correct and the same cannot be accepted. 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 C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bench and the SLP is also pending before the Apex Court. The learned counsel in furtherance to his submission re lied upon the Office Memorandum dated 16th April, 2015 issued by the Government of India, wherein it has been provided that the orders for appointment of holding additional 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 charge of another post in addition to his regular post and the sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... correct and the same cannot be accepted. 7. The reliance placed upon the Office Memorandum dated 16th April, 2015 is also ill founded, inasmuch as firstly the same has been issued on 16th April 2015, which is much after the period during which the respondent has held the additional charge and therefore, it cannot be applied with a retrospective effect. Further, by Office Memorandum the statutory effect of the Fundamental Rules can 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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