N.K.MODY,J v. State of MP & Ors.

Petitioner in person. Respondent No.1 by Smt. Vinita Phaye, Deputy Government Advocate. ORDER (Delivered on day of March, 2012) The prayer in the petition is to direct the respondent to prepond the date of grant of relief of 50% merger of Dearness Allowance w.e.f. 01/04/2007 instead of 01/12/2010 as declared by Annexure P-1. It is submitted that petitioner was not granted promotion and was also not granted benefit of 50% Dearness Allowance merger with the basic pay of the petition for which legal notice was issued thereafter promotion was given to the petitioner but the same was not given for the period of three years. It is submitted that petitioner is entitled to implement the benefit of 50% merger of Dearness Allowance w.e.f. 01/04/2007 and as per circular, Annexure P/2 and P/3, the petitioner is entitled for the same benefit. The return has been filed by the State wherein it is submitted that circular was issued which was effective from 2009, and no return has been filed by the respondent No.2. It appears that the representation is in form of notice, in the facts and circumstances of the case, the petition filed by the petitioner is disposed of with a short direction that the petitioner shall submit detailed representation for his entitlement for Dearness Allowance w.e.f. 01/04/2007. If such a representation is filed then the competent authority, after giving an opportunity of hearing to the petitioner, shall pass a reasoned order within a period of 8 weeks. With the aforesaid, petition stands disposed of. (N.K.MODY,J.) Bakshi