SURAJ PARKASH DOGRA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners have sought intervention of this Court for protection of house rent allowance drawn by them as on 30.8.1988. At the relevant time, they were posted in District Ferozepur and drawing house rent allowance as per the instructions contained in circular No. 10/7/88/88- FPI/8014 dated 30.8.1988 issued by the Department of Finance (Finance Personnel-I Branch), Government of Punjab. Their grievance is that on account of fixation of their pay in the revised scales, the State Government is seeking to reduce the house rent allowance payable to them.

(2.) Ms. Deepika Vermarelied on order dated 21.4.1995 passed by the Supreme Court in Civil Appeal No............ of 1995 (arising out of SLP (C) No. 9140 of 1992) - Mohinder Singh and others v. State of Punjab; order dated 9.3.1999 passed by a Division Bench of this Court in C.W.P. No. 10243 of 1998 - Hem Raj Gupta and 47 others v. State of Punjab and others and the judgment of the Single Bench in Pal Singh v. State of Punjab,2001 2 SCT 778 and submitted that relief in similar terms may be given to the petitioners.

(3.) Smt. Charu Tuli, Senior Deputy Advocate General, Punjab conceded that the case of the petitioners is similar to those of Hem Raj Gupta and others and Pal Singh, but argued that the judgments of the Division Bench and the Single Bench relied upon by Shri Chhabra require re-consideration because after having exercised option for higher pay scale, the petitioners cannot seek protection of house rent allowance paid to them in terms of the instructions issued by the State Government vide circular dated 30.8.1988.