TRIPURA GOVT EMPLOYEES FEDRATION Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The question for decision in this Writ Petition filed in the representative capacity under Article 226 of the Constitution of India is whether the employees of the Government of Tripura are entitled to get the Dearness Allowance as recommended by the Third Pay Commission (herein-after referred to as the Commission) and accepted by the State Government by its Memorandum bearing No. F.4 (6)-FIN (PC)/8 dated 18th July, 1988 (Annexure-4).

(2.) The facts and circumstances under which this case has been filed may, therefore, be briefly stated as under ::-

(3.) The Government of Tripura by its Notification No. F.3 (1)-FIN (PC)/85 dated 4th of November, 1985 constituted a Pay Commission (Third Pay Commission) to consider the question of salaries and allowances of Tripura Government employees and recommend pay structure. The terms of reference, as modified, required the Commission to consider the cases of anomalies in pay scales of various categories of posts, Dearness Allowance elements, all other emoluments etc. The terms of reference also required the Commission to make recommendations which may be desirable and feasible, keeping in view and having regard to, amongst other relevant factors, the recommendations of the Fourth Central Pay Commission, the economic condition in the State, the resources of the State Government and demands thereon.