STATE OF GUJARAT Vs. NAUTAMLAL N PANDYA

JUDGEMENT

(1.) THE petitioner-State has called into question the judgment dated 3. 3. 1994 of the Gujarat Secondary Education Tribunal at Ahmedabad in Application No. 13 of 1994 whereby the respondent was held to be entitled to Dearness Allowance not only on the basic pay but on the Supervisory Allowance. The Tribunal relied upon its earlier judgments and orders in Application Nos. 155 of 1991 and 156 of 1991 wherein it was held that as per Government Resolution dated 26. 7. 1983 and 13. 2. 1984, Supervisory Allowance was to be considered as a part of basic pay and on such basic salary inclusive of Supervisory Allowance, Dearness Allowance had to be paid. The State Government in its Finance Department has, however, by circular dated 14. 12. 1987 amply clarified that Dearness Allowance, House Rent Allowance, Compensatory Local Allowance and other allowances should be calculated "only on the basis of basic pay", as defined under Rule 9 (39) (a) (i) of the Bombay Civil Service Rules. It is further clarified that "in other words, special pay should not be added in pay for the purpose of drawal of Dearness Allowance and other allowances. " It is also requested in the said circular that the heads of the departments should review all such cases in light of the clarification and also make recovery wherever necessary.

(2.) IN view of the above clarification which was shown to the Tribunal, the Tribunal could not have relied upon its own earlier judgments or any practices prevailing in the Education Department. Therefore, the impugned judgment is found and held to be illegal and hence required to be set aside.

(3.) ACCORDINGLY, the petition is allowed. The impugned judgment dated 3. 3. 1994 of the Gujarat Secondary Education Tribunal in Application No. 13 of 1994 is set aside and Rule is made absolute with no order as to costs.