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2022 Supreme(Chh) 49

ARUP KUMAR GOSWAMI, NARENDRA KUMAR VYAS
State of Chhattisgarh – Appellant
Versus
Arun Kumar Sharma – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Satish Chandra Verma, Advocate General alongwith Mr. Jitendra Pali, Deputy Advocate General as well as Mr. Siddharth Dubey, Deputy Government Advocate.
For the Respondent: Mr. Upendra Nath Awasthy, Senior counsel alongwith Ms. Supriya Upasne

JUDGMENT :

Narendra Kumar Vyas, J.

1. This batch of writ appeals are preferred against the order dated 26.05.2020, passed in WPC No.152 of 2020 and the order dated 04.12.2020 passed in Review Petition No.146 of 2020 and other connected cases.

2. In WPC Nos. 1580 of 2021, 2041 of 2021 and 4805 of 2021, challenge is mounted to the Notifications dated 23.01.2020 and 29.07.2020, whereas, in WPC Nos. 83 of 2021 and 2474 of 2021, challenge is made only to the Notification dated 29.07.2020.

3. The State Government had framed rules styled as “Loknayak Jaiprakash Narayan (MISA/D.I.R. Rajnaitik Ya Samajik Karno Se Nirudha Vyakti) Samman Nidhi Niyam, 2008” (for short, ‘Niyam, 2008’) under which monetary allowance is granted to the persons who had undergone detention during the emergency period of 1975 – 1977.

4. While benefit of the aforesaid Niyam, 2008 was being granted ever since the Niyam, 2008 was brought into force, the State/respondents stopped release of allowance from January, 2019 onwards in view of an order dated 28.01.2019 issued by the General Administration Department, Government of Chhattisgarh.

5. Such stoppage of allowance gave rise to filing of a number of writ petitions. Challen

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