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M. S. RAMESH, A. D. MARIA CLETE
Principal Secretary to Government – Appellant
Versus
M. Mohan – Respondent
JUDGMENT :
(Judgment of the Court was made by M.S.RAMESH, J.)
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying to allow the Writ Appeal and set aside the order dated 02.03.2023 in W.P. (MD).No.3441 of 2020 insofar as against the appellant.
The present Writ Appeal has been filed against the final order passed in W.P.(MD).No.3441 of 2020 dated 02.03.2023, which Writ Petition was part of a batch of Writ Petitions, which were disposed of by the writ Court on 02.03.2023.
2. Among the said batch, W.P.(MD).No.1147 of 2020 was also filed and as against the final order passed therein, an appeal in W.A.(MD).No.246 of 2024 was filed before a coordinate Bench of this Court, which was dismissed on 10.09.2024. The said judgment reads as follows:
The court affirmed that dearness allowance for pensioners is a statutory right under Rule 20A and cannot be altered by administrative orders, emphasizing the finality of judicial decisions.
Differential rates of dearness allowance and relief for serving employees and pensioners are discriminatory and violate Article 14 of the Constitution as both are similarly affected by inflation.
The court affirmed that the right to receive Dearness Allowance is legally enforceable under Article 21, linking it to human dignity, and rejected the State's financial incapacity as a valid defense ....
Point of law: The phrase “equality before the law” contains declaration of equality of civil rights of all persons within territories of India.
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