SULEKH CHAND TYAGI Vs. STATE OF HARYANA

JUDGEMENT

(1.) (ORAL)

(2.) NOTICE of motion. Mr. Harish Rathee, Sr. DAG, Haryana, who is present in the Court accepts notice. With the consent of the learned counsel for the parties the writ petition has been heard. The prayer made in the petition is for issuance of a writ of certiorari quashing the condition that the Dearness Allowance be treated as Dearness Pay for the purposes of Retirement Gratuity/Death Gratuity under the relevant instructions dated 8.3.1996 (P-1). The matter is not res integra as this Court has already opined in favour of the petitioners in the judgment dated 23.9.2005 (P-2). The petitioners have already stake their claims by sending a advance notice on 29.8.2006 (P-3), which is pending consideration of the respondents and no decision on the same has so far been taken.