Raju and Others vs State and Others

Prafulla C. Pant, J.—Heard.

By means of this writ petition, moved under Article 226 of the Constitution of India, the writ Petitioners, who are work charge employees of the Irrigation Department of the State, have sought writ in the nature of certiorari, quashing the Government Orders dated 03.11.1989, 13.09.1993 and 04.06.1997. Also, a mandamus has been sought directing the Respondent to allow the Petitioners to draw salaries with full Dearness Allowance, ignoring the ceiling limit, fixed under the Government Orders as against the work charge employees only.

Similar controversy has been settled by the Division Bench of this Court in State of Uttaranchal and Ors. v. Pushkar Bhatt and Ors. reported in 2006 (1) U.D. 587, wherein it has been directed that work charge employees shall be entitled to the Dearness Allowance, ignoring the ceiling limit. With the Special Appeal No. 66 of 2005, Special Appeals No. 22 of 2004, 45 of 2004, 114 to 116 of 2004, 118 to 121 of 2004, 95 of 2005, 20 of 2005, 21 of 2005 were also decided, on 04.03.2006.

In view of the above judgment, passed by the Division Bench of this Court, this writ petition deserves to be disposed of in terms of said judgment.

The writ petition accordingly stands disposed of in terms of the judgment passed by the Division Bench of this Court directing the Respondents to pay Dearness Allowance, ignoring the ceiling limit fixed against work charge employees only.