GURCHARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners in these two writ petitions are working on different posts in different departments under different authorities at different places in the districts of Bhatinda and Kapurthala, respectively. They pray for the issue of a writ directing the respondents "to release compensatory allowance - with effect from 1.3.1977 - ". A few facts may be noticed.

(2.) On March 25, 1977, the Commissioner for Finance, Government of Punjab, issued a letter informing the various Heads of Departments that "it has been decided that compensatory allowance may be granted to Punjab Government employees serving in the villages "mentioned in the list at Annexure 'A' in the Sub-mountaeous/Kandi/Bet/Border area of District Hoshiarpur, Roopnagar, Gurdaspur and Patiala at the rate ----." This order was made effective from March 1, 1977. The petitioners claim that the criteria for determination of Bet area was laid down by the Government in its letter dated February 25, 1974. It has been provided that "all the areas lying within Bet of 5 KM on either side from the centre of the bed of river should be treated as Bet areas". The petitioners allege that the places where they were working satisfied this criteria and as such they were entitled to the grant of compensatory allowance in accordance with the letter dated March 25, 1977. They submitted a representation through the Secretary of their Federation which was returned vide letter dated September 7, 1977. A copy of this letter is on record as Annexure P-3. After answering the query, a representation was submitted on September 14, 1977. Ultimately, when the Department failed to take any action, they served a notice dated January 16, 1980. Even this notice did not elicit any response. Then the present petitions were filed. The petitioners maintain that all the employees who are working in 'Bet' areas have to be granted compensatory allowance.

(3.) A written statement has been filed on behalf of the respondents. It has been inter alia averred that "the matter regarding the grant of compensatory allowance to the Punjab Government employees working in the eligible Bet area of the State has since been decided by Government vide order ------- dated 17.12.1980." A copy of this letter has been produced as Annexure R-1 with the written statement. It has been further stated that if the petitioners have any grievance, they can approach the Government which shall decide the matter after proper examination.