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2016 Supreme(Online)(KER) 32799

HIGH COURT OF KERALA
A. Muhamed Mustaque, J
JAMES JOSEPH – Appellant
Versus
STATE OF KERALA – Respondent


J U D G M E N T

1.The petitioners are the retired employees of the 2nd respondent Federation. They retired from service on the following dates;

1st petitioner 30.11.2012 2nd petitioner 30.11.2012 3rd petitioner 30.11.2012 4th petitioner 30.11.2012 5th petitioner 30.04.2013 6th petitioner 30.04.2013 7th petitioner 30.06.2013 8th petitioner 30.06.2013 They have approached this Court on account of the denial of the Dearness Allowance at par with the rate fixed by the Government to their employees.

2.In fact, this Court considered the issue in detail and by interim order dated 26.06.2014, directed the 2nd respondent to pay 50% of the Dearness Allowance payable to the petitioners within a month.

3.I do not find any reason to vary the aforesaid order. It is to be noted that as per Rule 189(3) of the Cooperative Societies Act, all employees of the societies shall be eligible for Dearness Allowance at the rate allowed by the Government to their employees. Therefore, this Court is of the view that the interim order dated 26.06.2014 has to be made absolute.

4.Accordingly, the writ petition is disposed of as follows;

The interim order dated 26.06.2014 is made absolute.

The petitioners shall be paid

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