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Judgment
Prashant Kumar Mishra, J
Heard.
This petition is delinked from WPS No.4167 of 2013.
This petition is directed against the State Government's decision to reduce Dearness Allowance from 91% to 85%.
This petition was filed in June 2008 after the Sixth Pay Commission recommendation was made operative. At present, WPS No. 3424 of 2008
Seventh Pay Commission's recommendation has already been accepted by the Central Government as well as by the State Government making it
effective from 1.1.2016. The Dearness Allowance accumulated during the operation of the previous Pay Revision is always merged while fixing the
Basic Pay in the new pay revision. Thus, the petition relating to payment of a particular percentage of Dearness Allowance during the operation of
previous pay revision would render infructuous after the fresh revision has taken place.
Accordingly, the writ petition is dismissed as having become infructuous. However, liberty is reserved in favour of the petitioner to revive the
petition if cause of action still survives.