Provision of allowances like hra, da after reemployment admitted at the time of retrenchment.

Kahnu Charan Senapati (Querist) 12 December 2013 This query is : Resolved
Dear Sir,
I would like to ask a question regarding the dispute surrounding provision of allowance like DA and HRA admitted at the time of retrenchment after re-engagement.
That, l was working as a contractual employee in an establishment and at the time of retrenchment I was drawing salary in the pay scale with DA, HRA and Medicine allowance combined altogether in the form of consolidated pay. The retrenchment was all of a sudden without any notice. The contract had expired three months before at the time of retrenchment.
I was reemployed again but paid less than I was getting before. This time not in pay scale nor any other allowance that was being paid at the time of retrenchment - just a lump sum amount. I worked for a couple of months without any contract. Later, a contract was signed between me and my employer predated with a higher lump sum pay but without any other allowances as was paid before. I was also not paid arrear dues for the back period after re-engagement while signing the predated contract.
Now, I have quit the job and claimed gratuity. But claimed DA, as was provided before, to be included while calculating gratuity.
Am I eligible to receive the DA at the same rate after reemployment as I was having before retrenchment? What are the acts and rules to refer to claim DA while calculating gratuity.
Any help will be highly solicited.

Thanks.
Kanhu

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