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1998 Supreme(Gau) 68

A.K.PATNAIK, D.N.CHOWDHURY
Dhiresh Chandra Dutta : Tripura Sharmik Sikshak Karmachari Morcha and Another – Appellant
Versus
State of Tripura and Ors. – Respondent


Advocates Appeared:
S.Chakraborty, A.L.Saha, A.Ghosh, A.Chakraborty

A. K. Patnaik, J.-

The petitioner in Civil Rule No.43 of 1987 is the President of Tripura Mahakaran Karmachari Samity which is an Association looking after the welfare of the employees serving under the Govt of Tripura. The petitioner No. 1 in Civil Rule No.44 of 1987 is Tripura Shramik Sikshak Karmachari Samity, an Association of employees working under the Govt of Tripura and other authorities and aided institutions in the State of Tripura and the petitioner No.2 in the said civil rule is the General Secretary of the said Association.

2. In these applications under Article 226 of the Constitution, the petitioners have prayed for, inter alia, a writ of Mandamus on the State Govt of Tripura to pay the entire amount of Rs.112 crores to the State Govt employees as Dearness Allowance and Additional Dearness Allowance (hereinafter referred to as DA and ADA respectively) to neutralise the 120 points from 400 to 520 points rise in the All India Consumer Price Index and for a writ of Prohibition restraining the State Govt of Tripura from diverting the aforesaid amount of Rs.112 crores for any other purpose.

3. The relevant facts briefly are that on the recommendation of the First Tripura Pay























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