DALSUKH BHAGABHAI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The only issue confined in this writ petition is with regard to the payment of Dearness Allowance to the present petitioners, who were employees of the respondent No.4-Vadia Gram Panchayat.

(2.) Learned advocate Mr.R.V.Deshmukh, appearing for the petitioners has placed reliance on Resolution dtd. 18/7/2016 issued by the State Government with regard to the payment of Dearness Allowance to the employees of such administrative bodies. He has submitted that accordingly, the petitioners are paid the Dearness Allowance from January, 2021 at the rate of 376%, however the petitioners are entitled to, at the rate of 855% with effect from 1/7/2015 and from 1/1/2016, they are entitled to 881%. Thus, he has submitted that the respondent authorities are directed to implement the provisions of the Resolution dtd. 18/7/2016 in the case of the present petitioners, rests of the prayers are not pressed by the learned advocate Mr.R.V.Deshmukh, appearing for the petitioners. Learned advocate Mr.R.V.Deshmukh, on instructions has further submitted that during the pendency of this petition, the petitioner No.2 has retired from service and the petitioner Nos.1 and 6 had passed away, therefore this petitions are represented by the legal heirs of the petitioner Nos.1 and 6. Accordingly, it is prayed that appropriate relief may be granted in favour of the petitioner No.2 and the legal heirs of the deceased petitioners.

(3.) In response to the aforesaid submissions, learned advocate Mr.Munshaw, while placing reliance on the affidavit, has submitted that the petitioners are not entitled to the revision of pay-scale. He has further placed reliance on the judgment of the Division Bench dtd. 25/7/2017 passed in Letters Patent Appeal No.1251 of 2016. It is submitted that this writ petition may not be entertained.