DHIAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners herein are working as teachers in various Primary/Secondary schools in district Patiala. They pray for the issue of an appropriate writ order or direction for quashing the order dated Dec., 28, 1988, vide which the State Government had issued instructions to the effect that dearness allowance shall not be admissible on special pay or personal pay granted to the employees.

(2.) On Oct. 25, 1983, the State Government had issued a circular to all Heads of Departments providing for certain in incentives to promote the small family norm. One of the incentives was the grant of a special increment in the form of personal pay which was not to be absorbed in future increase in pay either in the same post or on promotion to higher post. A copy of this circular has been produced as Annexure P.1 with the writ petition. The petitioners aver that they had undergone the necessary procedure as contemplated in the circular letter and thus became entitled to the grant of a special increment It is further averred that the State Government issued instructions in July, 1985 informing that "DA/ADA and HRA/CCA... is admissible to an employee who adopted terminal method of Family Planning after two or three surviving children" and a special increment granted in form of personal pay". Thereafter, the Government issued a circular letter dated Dec. 28, 1988 providing that the special pay and personal pay shall no longer be counted for the purpose of grant of dearness allowance w.e.f. Jan. 1, 1986. Aggrieved by this order, the petitioners have approached this Court through the present writ petition.

(3.) A written statement has been tiled by the respondents controverting the claim made on behalf of the petitioners.