IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. (S/S) 1299 of 2003 Kumaoun Ban Shramik Sangh Center at Ranikhet, District-Almora and another …Petitioners Versus State of Uttaranchal and others. ….Respondents Present : Mr. M. C. Kandpal, Senior Advocate assisted by Mr. S. S. Chaudhary, Advocate for the petitioners. Mr. Subhash Upadhyay, Brief Holder for the State of Uttarakhand. Hon’ble Sudhanshu Dhulia, J. (Oral) Heard Mr. M. C. Kandpal, Senior Advocate assisted by Mr. S. S. Chaudhary, Advocate for the petitioners and Mr. Subhash Upadhyaya, Brief Holder for the State of Uttarakhand. The petitioners are union of daily rated employees of forest department, District Almora. Since they were denied the dearness allowance by the impugned order dated 13.10.2003, they have filed the present writ petition. The justification was given by State for denying the petitioners dearness allowance was the order passed by the Hon’ble Apex Court in 15627 of 1988 whereby the Hon’ble Apex Court had only directed the Forest Department of Uttarakhand to pay minimum of pay-scale minus dearness allowance. Since the petitioners who were members of “Kumaun Ban Shramik Sangh” were given minimum pay-scale plus dearness allowance, dearness allowance was subsequently withdrawn from them. The argument of the petitioners is that they had earlier agitated the matter way back in the year 1988 before the High Court of Judicature at Allahabad where a decision was given in their favour in the year 1993 and the Special Leave Petition filed by the State Government 2 before the Hon’ble Apex Court was dismissed. In the year 1995 onwards a bunch of writ petitions was filed before the High Court of Judicature at Allahabad where the matter was decided in the leading case known as State of U.P. and others Vs. Putti Lal and others (Special Appeal No. 653 of 1995) wherein the Division Bench has held that the daily rated workers were liable to be regularized along with minimum of pay-scale. This decision was upheld by the Hon’ble Apex Court in Civil Appeal No. 3634 of 1998. When the matter was under consideration before the Hon’ble Apex Court, the petitioner moved an intervention application that they may also be heard which was dismissed by Hon’ble Apex Court. In other words, the committee was not formally made a party in the said matter before the Hon’ble Apex Court. . Counsel appearing for the State submits that whatever the petitioners are agitating before this Court have already stands dismissed in view of the fact that intervention application moved by the petitioner has been dismissed. This contention of the State may not be correct as what has been dismissed is merely the intervention application and nothing has been said by the Hon’ble Apex Court regarding the individual contention of the “Kumaun Ban Shramik Sangh”. However, at the same time, the Hon’ble Apex Court in the said case has held that till these daily rated employees are regularized, they shall be only given minimum of pay- scale by order dated 21.2.2002. Since this order was applicable to all the daily rated employees as it was passed in general terms, the present impugned order was passed whereby the dearness allowance, which was given to the members of the organisation was also withdrawn. Hence, the present writ petition. 3 Counsel for the State has submitted before this Court that the order dated 21.2.2002 will be applicable to all the daily rated employees as otherwise it would create class within a class (of daily rated worker) wherein one class will be given dearness allowance along with minimum pay-scale and other only minus of pay-scale. The counsel for the petitioners, however, contends that they have been given dearness allowance in view of the Court’s orders which now cannot be withdrawn. It has also been brought to this Court that consequent to the order of the Hon’ble Apex Court rules have presently been framed which is known as Uttar Pradesh Regularisation of Daily Wages Appointment on Group 'C' posts (Outside the Purview of the Uttar Pradesh Public Service Commission) Rules, 1998 whereby the daily rated employees are regularized continuously as per their stand in the seniority list. As such, the present writ petition is disposed of with a direction that the petitioners’ organisation shall move a representation before the Principal Chief Conservator of Forest, 87 Rajpur Road camp Office at Dehradun. The petitioners must show before the concerned authority that following employees were the member of the organisation in the year 1988 and in the year 1993 such an order was passed by the Allahabad High Court which was upheld by the Hon’ble Apex Court and only such member shall be continued to be given benefit of dearness allowance as the same is being given by the Court’s order. The burden is upon the petitioners to prove as to who are the members and if they are able to prove their stand successfully they shall be given dearness allowance as earlier provided by the High Court’s order. 4 Counsel appearing for the State fairly submits that in case there was a Court order earlier of the Hon’ble High Court in favour of the petitioners, they should not be denied dearness allowance. All the petitioners have to prove that such were the members of the petitioner organisation in the year 1988 and in case it is so proved only such members be given dearness allowance. The writ petition is disposed of with the above direction. The decision on the representation shall be taken by the concerned authority, as expeditiously as possible. No order as to costs. (Sudhanshu Dhulia, J.) 17.10.2011 Kuldeep