M.BOSE Vs. PRINCIPAL SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) These Writ Petitions have been filed to quash the impugned Government Order vide G.O.Ms.No.189, Cooperative, Food and Consumer Protection (CNo.1) Department, dated 17.11.2009 in respect of fixation of Dearness Allowance of 84% insofar as the petitioners are concerned and to direct the respondents to fix the pay scales along with DA 97% from 01.04.2008 and pay the same to the petitioners from 01.04.2008 with interest.

(2.) Heard the learned Counsel for the petitioners and the learned Special Government Pleader for the respondents.

(3.) The issue in the present Writ Petition is whether the petitioners are entitled to for Dearness Allowance at 97% of the basic pay. The issue is no more res integra and is squarely covered by a decision of Honourable Division Bench of this Court in W.A.(MD)No.452 of 2012. The said decision was taken note of by this Court on an earlier occasion in a batch of Writ Petitions in W.P.(MD)Nos.9140, 9186 and 14636 of 2014, dated 19.12.2018. After extracting the counter filed by the respondents in the said Writ Petitions, this Court has observed as follows: