IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. C.W.P.(T) No. 13608 of 2008. Decided on 09.07. 2010. Neelam Kumar Himta. ….. Petitioner. -Versus- State of Himachal Pradesh and others. …… Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Rajiv Sharma, Judge. For the petitioner. : Mr. Neel Kamal Sood, Advocate. For the respondents. : Mr. R.K. Sharma, Senior Additional Advocate General. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral): The issue raised in this writ petition pertains to the merger of 50% of dearness allowance with basic pay. A similar issue was considered by a Division Bench of this Court leading to judgment dated 17.11.2009 in CWP(T) No. 14232 of 2008, titled as Nek Ram and others versus State of Himachal Pradesh and others. This Court has directed as under:- “The respondents are directed to permit the petitioners to exercise their option whether they would like to be regulated under letter dated 9.5.2006 or as per the terms and conditions of their contract which they have entered into in the year, 2000. It is made clear on the basis of clarifications No. 1 and 2 that the emoluments which the petitioners were getting before 9.5.2006, including merger of 50% dearness allowance with basic pay shall not be reduced. 2 In case the petitioners exercise their option to be governed under order 9.5.2006, the consequences would ensue and they will be paid their salary as per this letter dated 9.5.2006. No costs. 2. Since the petitioner is also similarly situated, this writ petition is also disposed of in terms of the judgment extracted above, subject to its finality. Copy dasti, on usual terms. (Justice Kurian Joseph), Chief Justice. (Justice Rajiv Sharma), Judge. 9th July, 2010 (bhupender/Vs)