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2015 Supreme(Del) 1508

V.KAMESWAR RAO
SHIVALI DHILLON – Appellant
Versus
MANAGING DIRECTOR, ARMY WELFARE EDUCATION SOCIETY (AWES) – Respondent


Advocates:
Advocate Appeared:
Mr. V.S. Tomar, Adv.
Mr. Dipak Kumar, Adv. with Mr. P.P. Nayak, Adv.

JUDGMENT

V. KAMESWAR RAO, J.

1. The present petition has been filed by the petitioner inter-alia seeking the following reliefs:-

A. Issue a writ, order or direction in the nature of mandamus, directing the Respondents to release DA arrears of the petitioner w.e.f 03 Oct 2006 as declared for the employees of the State of Madhya Pradesh from time to time which come to more than seven lakhs in this case; and

B. Issue direction to the Respondents to fix her pay as per Sixth Central Pay Commission recommendations/acceptance w.e.f 03 Oct. 2006 instead of 01 July 2009; and

C. Grant 12% interest on the arrears.

2. It is the case of the petitioner that she was appointed as a Lecturer on probation at Army Centre for Education (ACE), Panchmarhi, Madhya Pradesh on October 3, 2006. She was confirmed on the said post on September 29, 2008. According to her, in terms of Rules & Regulations of AWES/respondent No.1, as amended, it was stipulated that the regular employees of the society would be paid HRA and DA as per the rates applicable in the State in which the college is located. On September 9, 2009, a letter was issued by the Dy. Managing Director, AWES clarifying that the ACE employees would be pa




























































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