STATE OF PUNJAB Vs. J L GUPTA

JUDGEMENT

(1.) Leave granted.

(2.) The ex-employees of State of Punjab are respondents in this appeal and in the connected appeals. All of them retired from the service prior to 31st March, 1985. Their pensionary benefits were calculated as per the rules prevalent at the time of their retirement. By a notification/order dated 9th July, 1985 issued by Government of Punjab, Department of Finance, it was inter alia decided that the dearness allowance and ad hoc dearness allowance sanctioned up to the consumers price level index No. 568 will be treated as dearness pay for the purposes of pensionary benefits, i.e., for calculating pension, gratuity/DCRG, internal gratuity in respect of the employees retired on or after 31st March, 1985. Since the respondents were not given the benefit of the aforesaid notification, they filed a writ petition in the High Court claiming the benefits conferred by the notification dated 9th July, 1985. The High Court by the impugned judgment dated 18th November, 1988 allowed the writ petition directing the State of Punjab to pay all dues to the writ petitioners on the basis of the order dated 9th July, 1985 noticing that the question involved in the case is squarely covered by the decision of this Court in Dr. Asa Singh's case.

(3.) The decision in the case of Dr. Asa Singh has been considered and explained in a later decision of this Court (State of Punjab and others v. Boota Singh and another Civil Appeal No. 10674 of 1996 decided on 7th August, 1997). In this decision, it has been noticed that in Dr. Asa Singh's case, after the dismissal of the special leave petition on 13th May, 1993, the State Government sought to reopen the matter by filing an interlocutory application before the High Court for clarification. The clarification application was dismissed by the High Court and the judgment of the High Court was upheld by this Court holding that since the main judgment had become final, the question could not be reagitated through mode of interlocutory application for clarification. It was also noticed that the decision in Dr. Asa Singh's case had no applicability and Boota Singh's case could not be decided in the same fashion as Dr. Asa Singh's case because the challenge in the appeal was to the main judgment of the High Court and not to any order passed on clarification application.