Asthana, J. - (1.) This petition unfortunately has been pending in this Court for several years. It appears that at one stage it was considered as the points involved in the petition related to policy matters of the Government as regards the services of the State and All India Services the matter assumed grave importance. Directions were given for service on all persons interested and calling any one interested in the subject matter of the petition to make submission before the Court. Meanwhile, of the learned Judges constituting the Bench, three of them retired after hearing the writ petition partly. The petition is now placed before us for final hearing.
(2.) At the outset, it was pointed out by the learned counsel for the parties that the petitioner were invoking their right under Article 14 of the Constitution and, therefore, the proceedings should remain pending in view of the proclamation of Emergency. We heard the learned counsel for the parties on this point. We came to the conclusion that Article 14 was not involved at all in the matter raised in this petition. The grievance of the petitioners seems to be that as Government servants of the State they have been discriminated in the matter of payment of dearness allowance as compared to the members of the All India Services serving in the State. In our opinion such a matter will be covered under Article 16 only. In General Manager Southern Railway and another v. Rangachari, AIR 1962 SC 36, it was held by the Supreme Court that "the initial employment or appointment is only one of the matters relating to employment or appointment. The other matters relating to employment would be the provision as to the salary and periodical increments there in terms as to leave as to gratuity, as to pension and as to the age of superannuation. Similarly. In respect of appointment such matter would include all the terms and conditions of service pertaining to the said office. All those matters are included in the expression "matters relating to employment or appointment" in Article 16(i)."
(3.) In view of the law declared by the Supreme Court there cannot be any doubt that question of payment of dearness allowance to Government servants will be a matter relating to employment or appointment. This is covered by Article 16 of the Constitution of India. The reference to Article 14, therefore, in the petition appears to have been made by way of abundant caution. Article 14 enshrines the right of equality in as general form. Article 16 enshrines right of equality in the matters of employment or appointment of Government servants. Once the subject-matter is covered entirely by Article 16 no question of reference of Article 14 will arise. Moreover, if the petitioners fail to show that in the matter of their employment or appointment Article 16(i) has been violated they cannot take recourse to Article 14 and shall that under Article 14 they have been discriminated. Since the petitioners are not invoking their right in this petition under Article 14 of the Constitution the proclamation of Emergency and the consequential Presidential Order does not affect the hearing of the present petition.;