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PUNJAB & HARYANA HIGH COURT
M.M.Kumar and M.M.S.Bedi JJ.
Sube Singh
Versus
State Of Haryana
CIVIL WRIT PETITION No. 6286 of 2006,
Decided On : APRIL 25, 2006
Certiorari - Dearness Allowance - The court directed the respondents to consider the legal notice sent by the petitioners and decide the same expeditiously, in line with the court's previous judgment in favor of the petitioners.
Fact of the Case:
The petition sought the issuance of a writ of certiorari to quash the condition that the dearness Allowance be treated as Dearness Pay for the purposes of retirement Gratuity/death Gratuity under the relevant instructions dated 8.3.1996.
Finding of the Court:
The court directed the respondents to consider the legal notice sent by the petitioners and decide the same expeditiously, preferably within three months, and if the claim of the petitioners is found to be meritorious, the benefit accruing to the petitioners shall be disbursed within a further period of four months.
Issues: The main issue was the treatment of dearness Allowance as Dearness Pay for retirement Gratuity/death Gratuity.
Ratio Decidendi: The court's decision was influenced by its previous judgment in favor of the petitioners and the need for the respondents to consider the legal notice and decide the matter expeditiously.
Final Decision: The petition stands disposed of with the direction for the respondents to consider the legal notice and decide the matter expeditiously, in line with the court's previous judgment.
M. M. KUMAR, J.
1. Notice of motion. Mr. Harish Rathee, Sr. DAG, haryana, who is present in the Court accepts notice. With the consent of the learned counsel for the parties the writ petition has been heard. The prayer made in the petition is for issuance of a writ of certiorari quashing the condition that the dearness Allowance be treated as Dearness Pay for the purposes of retirement Gratuity/death Gratuity under the relevant instructions dated 8.3.1996 (P-1 ). The matter is not res integra as this Court has already opined in favour of the petitioners in the judgments dated 23.9.2005 (P-2 ). The petitioners have already stake their claims by sending a legal notice on 19.2.2006 (P-3), which is pending consideration of the respondents and no decision on the same has so far been taken.
2. In view of above, we deem it just and appropriate to direct the respondents to take cognisance of the legal notice sent by the petitioners and decide the same expeditiously preferably within a period of three months from the date a certified copy of this order is presented to them. If the claim of the petitioners is found to be meritorious and decided in their favour then the benefit accruing to the petitioners shall be disbursed within a further period of four months thereafter. It shall be appreciated if the judgment of this court dated 23.9.2005 (P-2) is kept in view and a speaking order is passed. Petition stands disposed of in the above terms.
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