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2022 Supreme(Ker) 887

A. K. JAYASANKARAN NAMBIAR, MOHAMMED NIAS C. P.
M. Vijayakumar – Appellant
Versus
State of Kerala, Represented by the Secretary to the Government, Transport (A) Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri.P.K.Suresh Kumar (Sr.), Sri.T.P.Pradeep, Sri.P.K.Satheesh Kumar, Smt.Minikumary M.V.
For the Respondent: Sri. Deepu Thankan, SC, Sri.Bijoy Chandran, Government Pleader

JUDGMENT :

A.K. Jayasankaran Nambiar, J.

As both these Writ Appeals involve a common issue, they are taken up together for consideration and disposed by this common judgment.

2. The appellants in the above Writ Appeal are retired employees of the Kerala State Road Transport Corporation [KSRTC]. They are aggrieved by the alleged discrimination meted out to them in the matter of enhancement of Dearness Relief on their pensionary entitlements. Apparently, the State Government follows the practice of declaring Dearness Allowance/Dearness Relief [DA/DR] to its employees and pensioners immediately on the Central Government declaring DA/DR for its employees and pensioners. In 2017 also, a similar exercise was undertaken through G.O.(P).No.6/2017/Fin. dated 19.1.2017 by enhancing the rate of DA/DR payable to employees/pensioners from 9% to 12% with effect from 1.7.2016. The State Government employees and pensioners accordingly received enhanced DA and DR at the rates of 105% with effect from 1.7.2016, 109% with effect from 1.1.2017 and 112% with effect from 1.7.2017. As regards the employees and pensioners of KSRTC, the Government orders enhancing the rates of DA and DR do not automatically a

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