Judgment

VENKATARAMA AYYAR, J. : The Point for decision in this appeal is whether a Resolution of the Government of Central Provinces and Berar, now Madhya Pradesh, dated 16-9-1948 fixing a scale of dearness allowance to be paid to its servants is repugnant to Article 14 of the Constitution.

2. The circumstances under which the above Resolution came to be adopted may be briefly mentioned. Consequent on the war, there was a phenomenal rise in the price of foodstuffs and of other essential commodities, and among the persons worst hit by it were the Government servants. As a measure of relief to them, the Central and the Provincial Governments sanctioned a grant of grain allowances to them under various Resolutions passed in 1940. The scheme adopted by the Central Government was that its employees stationed in various Provinces received the same benefit as the respective Provincial Government employees. But this scheme was found to be unsuitable for employees of the Central Government as the allowance granted by the Provincial Government were not uniform.

On 10-5-1946 the Central Government appointed a Central Pay Commission, hereinafter referred to as the Commission, to enquire into and