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PETITIONER: THE STATE OF MADHYA PRADESH
Vs.
RESPONDENT: G. C. MANDAWAR.
DATE OF JUDGMENT: 13/05/1954
BENCH: AIYYAR, T.L. VENKATARAMA BENCH: AIYYAR, T.L. VENKATARAMA MAHAJAN, MEHAR CHAND (CJ) MUKHERJEA, B.K. BOSE, VIVIAN BHAGWATI, NATWARLAL H.
CITATION: 1954 AIR 493 1955 SCR 158 CITATOR INFO : F 1963 SC 222 (24) R 1966 SC 976 (21) F 1973 SC 231 (16) RF 1973 SC1461 (1191) R 1987 SC2117 (14) RF 1989 SC 100 (33)
ACT: Constitution of India, Art. 14-Scale of dearness allowance fixed by Provincial Government-Different from the scale fixed by Central Government-Whether discriminatory-Rule 44 of Fundamental Rules-Grant of dearness allowance-Whether a right or a matter of discretion-Mandamus or any other Writ under Art. 226 of the Constitution.
HEADNOTE: The Government of Central Provinces and Berar (Now State of Madhya Pradesh) fixed in 1948 a scale of dearness allowance for its servants which though practically identical with the scale of dearness allowance fixed by Central Government in respect of salaries over Rs. 400 per mensem was less than it in respect of salaries for Rs. 400 per mensem or less. The petitioner-State government servant-challenged the validity of the order of the State Government on the ground that his fundamental right under Art. 14 of the Constitution had been violated inasmuch as he had a r...