Andhra Pradesh High Court - Amravati
B.N.Nageswara Rao vs Sapthagiri Grameena Bank on 7 February, 2020
Author: T. Rajani
Bench: T. Rajani
SMT. JUSTICE T. RAJANI
WRIT PETITION No.21566 OF 2019
ORDER:
This writ petition is filed, under Article 226 of the Constitution of India, seeking to declare the action of the respondents in not including the Dearness Allowance to the Gratuity payable to the petitioner, as illegal.
2. Heard the counsel for the petitioner. None appears for the respondents, in spite of service of notice.
3. The counsel for the petitioner submits that the respondents are not being paid Dearness Allowance along with Graduity to the petitioner. In that regard, he relies upon the judgment of the Hon'ble High Court of Madhya Pradesh in Madhyanchal Gramin Bank v. Suresh Prasad Dwivedi1 wherein the Court by considering the rival contentions raised before them, confirmed the order in the writ petition wherein there was a direction for payment of Dearness Allowance on Gratuity. Considering Regulation 72 of the Madhyanchal Gramin Bank (Officers and Employees) Service Regulation, 2010 & (Amendment) 2013, and the submissions made by the respondents counsel therein, the Court held that pay includes dearness allowance.
4. Hence, in view of the above judgment, there shall be a similar order in this case, directing the respondents to include 1 Writ Appeal No.1316 of 2018, dated 26.2.2019 2 Dearness Allowance in the Gratuity payable to the petitioner and pay the same along with the interest as per law.
5. With the above direction, the writ petition is disposed of. As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.
___________________ SMT T. RAJANI, J February 07, 2020.
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