S.P.Talukdar, J. - (1.) The present application under Article 226 of the Constitution of India is directed against the Judgment dated 6th September, 2002 passed by the West Bengal Administrative Tribunal, hereinafter referred to as 'the Tribunal' in O.A. No. 2899 of 1999. Grievances of the petitioners may briefly be stated as follows:
(2.) The petitioners approached the Tribunal with the grievance that while fixing the quantum of House Rent Allowance of the Secretariat employees posted at Calcutta, the respondent/State authorities committed discrimination. It was alleged that the State Government employees posted at New Delhi were getting 30% House Rent Allowance and after declaration of Calcutta as 'A-1' city, the Secretariat employees should get H.R.A. at the same rate, i.e., 30% H.R.A. It was contended that previously the Secretariat employees were getting more H.R.A. but, subsequently, the same was brought at par with all the employees of the State Government. It was further claimed that by fixing the quantum of H.R.A. at a flat rate of 15% the Government authorities committed discrimination in treating the Secretariat employees at par with other State Government employees.
(3.) Initially the maintainability of the application under section 19 of the Administrative Tribunal Act, 1985 was challenged and the order passed by the Learned Tribunal holding such application as maintainable was further challenged by filing writ application before the High Court. The Hon'ble Division Bench of this Court while disposing of the W.P.S.T. No. 17 of 1999 upheld the order of the Learned Tribunal holding such application as maintainable. Thereafter, upon cansideration of the respective stand of the parties, the Learned Tribunal dismissed the application filed by the present petitioners.;