IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 14624 of 2008 Between: S. Venkata Lakshmamma, W/o. Gangi Reddy, MNJ Cancer Hospital, Hyderabad, Now Residing at 2-302-L, Venkateswara Street No. 1, Madanapalli, Chittoor District. ..... PETITIONER AND 1 The State of Andhra Pradesh, Rep by its Secretary, Medical and Health Department, Hyderabad. 2 The Director, MNJ Institute of Oncology Regional Cancer Centre, Red Hills, Hyderabad. 3 The Superintendent, Sarojini Devi Eye Hospital, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not fixing the pensionary benefits of the petitioner in not awarding increments, uniform allowance as arbitrary, unreasonable, illegal, improper and set aside the orders passed by the Hon'ble Tribunal dt. 17-9-2003 in OA No. 960/2000 and further direct the respondents to fix the pensionary benefits, award increments due fix the pay of 1992-93, Medical Leave Salary of Medical Board, two advance increments of Military War Service forthwith and pass Counsel for the Petitioner: MR.V.MADHUSUDANA RAO Counsel for the Respondent No.: GP FOR SERVICES I ORDER: (Per Sri Justice GHULAM MOHAMMED) This Writ Petition has been filed seeking a direction in the nature of writ of Mandamus declaring the action of the respondents in not fixing the pensionary benefits of the petitioner and in not awarding increments, uniform allowance as arbitrary, unreasonable, and set aside the orders passed by the Tribunal dated 17.9.2003 in O.A.No. 960 of 2000 and further direct the respondents to fix the pensionary benefits. Petitioner herein is the applicant before the Tribunal. She filed O.A under Section 19 of the Administrative Tribunals Act, 1985 praying the Tribunal to direct the authorities to fix the pensionary benefits of the applicant after giving all the eligible increments. The brief facts of the case are that the applicant joined as Staff Nurse in year 1961 and she worked for 12 years in Military. She came back in 1974 to State Government services. Further, she was promoted as Head Nurse in December 1984. It is her grievance that she was not given increments and uniform allowances for the year 1988-89 and she is being paid only Rs. 330/- as pension. On the other hand, respondent stated that the applicant left the country without obtaining ‘no objection certificate’ from the Government and she did not attend the work in the department from 1.1.1982 till the date of her retirement i.e., 21.11.1998. Therefore, she is not entitled to for any relief as prayed for. The Tribunal after hearing both the parties dismissed the O.A as it has no merits. We have perused the impugned order. The petitioner cannot claim allowance as a matter of right and no mandamus can be issued to grant allowances. In THE STATE OF MADHYA PRADESH VS. G. C. MANDAWAR[1] the Supreme Court held that grant of dearness allowance at a particular rate, under Rule 44 of the Fundamental Rules, a matter of grace and not a matter of right and hence a claim against the Government for the grant of such allowance at a particular rate is not justifiable. In view of the above and also in view of the facts and circumstances of the case we see no grounds to interfere with the order as the Tribunal has rightly held that the sanction of uniform allowance and sanction of all normal increments for the years 1988-89 is without any basis. However, the petitioner is permitted to make a detailed representation before the competent authority and on such a representation being filed by the petitioner, the respondent authorities shall pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order. With the above observation, the Writ Petition is disposed of. No order as to costs. _____________________________ GHULAM MOHAMMED ,J ___________________________ C.V.RAMULU, J Dt. 09.07.2008 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The State of Andhra Pradesh, Rep by its Secretary, Medical and Health Department, Hyderabad. 2 The Director, MNJ Institute of Oncology Regional Cancer Centre, Red Hills, Hyderabad. 3 The Superintendent, Sarojini Devi Eye Hospital, Hyderabad. 4. CC to G. P. for Services –I, High Court of A.P., Hyderabad. 5. Two CD copies. [1] AIR 1954 SC 493