TARA DUTT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of this writ petition, the petitioners have sought writ in the nature of certiorari quashing the Government Order dated 26.08.1999, whereby ceiling limit is imposed on the amount of maximum dearness allowance payable to the work charge employees.

(2.) Heard learned counsel for the parties and perused the affidavit and counter affidavit, on record.

(3.) Brief facts of the case are that the petitioners are working as Beldar / Gang-Mate with Public Works Department of the State. Their services are in the muster roll as work charge employees in the Establishment. It is stated that by Government Order dated 26.08.1999 State of Uttar Pradesh imposed a ceiling limit on the dearness allowance payable to the work charge employees. It is pleaded that the limit imposed by the State Government is illegal. It is further pleaded that other similarly situated employees earlier filed writ petitions in the High Court in which aforesaid Government Order imposing the ceiling limit was quashed. The respondents filed Special Appeal No. 66 of 2005; State of Uttaranchal & others Vs. Pushkar Bhatt & others. The said appeal along with other special appeals was disposed of by the Division Bench of this Court vide its order dated 04.03.2006, whereby the impugned Government Order dated 26.08.1999 was quashed. Present petitioners have filed this petition on the ground that the benefit given by the respondents only to the petitioners of said cases who earlier filed writ petitions, cannot be denied to other similarly situated employees.