STATE OF GUJARAT Vs. MALEKBANU MAKBULHUSEN KAZI

JUDGEMENT

(1.) THESE petitions are filed by the State Government and its authorities challenging separate orders passed by the Gujarat Secondary Educational Tribunal all on 3. 3. 94, pertaining to identical issues. By the said order, tribunal was pleased to allow application of the supervisors who are the respondents in respective petitions. As a consequence, they were declared entitled to received DA on basic pay plus supervisory allowance. It is the case of the State the employees were not allowed to receive DA on supervisory allowance.

(2.) LEARNED AGP Ms. Monali Bhatt for the petitioner brought to my notice that identical issue has been decided by this Court on 4. 10. 2004 in Special Civil Application No. 6336/1994. In the said decision, it was held that employee was not entitled to DA on supervisory allowance. Consequently, the order of tribunal was quashed.

(3.) SINCE no difference is pointed out by the Counsel for the respondents, following the decision dated 4. 10. 2004, all these petitions are allowed. Respective impugned orders all dated 3. 3. 94 passed by the tribunal are quashed. Rule made absolute accordingly.