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2000 Supreme(SC) 379

S.SAGHIR AHMAD, Y.K.SABHARWAL
State Of Punjab – Appellant
Versus
J. L. Gupta – Respondent


JUDGMENT

Leave granted.

2. The ex-employees of State of Punjab are respondents in this appeal and in the connected appeals. All of them retired from the service prior to 31st March, 1985. Their pensionary benefits were calculated as per the rules prevalent at the time of their retirement. By a notification/order dated 9th July, 1985 issued by Government of punjab, Department of Finance, it was inter alia decided that the dearness allowance and ad hoc dearness allowance sanctioned up to the consumers price level index No. 568 will be treated as dearness pay for the purposes of pensionary benefits, i.e., for calculating pension, gratuity/DCRG, internal gratuity in respect of the employees retired on or after 31st March, 1985. Since the respondents were not given the benefit of the aforesaid notification, they filed a writ petition in the High Court claiming the benefits conferred by the notification dated 9th July, 1985. The High Court by the impugned judgment dated 18th November, 1998 allowed the writ petition directing the State of Punjab to pay all dues to the writ petitioners on the basis of the order dated 9th July, 1985 noticing that the question involved in the case is squarely












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