HIGH COURT OF UTTARANCHAL AT NAINITAL Writ Petition No. 949 of 2004 (SS) Prantiya Sinchai Niramati Karya Prabhari Dainik Sharmik Mahaparisar Uttaranchal through its President Barkhulal Muarya, Dehradun …………. Petitioner Versus 1. Secretary, Irrigation Department, Uttaranchal 2. Chief Engineer & Head of the department, Irrigation Department, Uttaranchal 3. Chief Engineer Yamuna Pariyojna, Dehradun 4. Executive Engineer Basti Evam Sanchar Khand Dakpathar, Irrigation Department, Dehradun 5. Executive Engineer, Nirman Khand Kalsi Ambari, Dehradun 6. Executive Engineer, lakhwar Bandh Nirman Khand II, Dakpathar, Dehradun ……… Respondents Sri M.C. Pant, Advocate for the petitioner Standing Counsel for the respondents. Dated: 30.8.2006 Hon’ble Rajesh Tandon, J. Heard Sri M.C. Pant, counsel for the petitioner and Standing Counsel for the respondents. By the present writ petition, the petitioners have prayed for a writ of certiorari quashing the notification dated 26.8.1999 and 2.02.2001 imposing ceiling limit on the salary and allowance payable to the members of the petitioner association. Briefly stated the petitioner is a registered trade union. The members of the Union are working under the service of the respondents in work-charge establishment for the last more than 20 years. Specific pay scales have been provided in respect of work-charged employees of State of U.P. The pay scale provided in respect of work-charged employees are identical to the scales of the employees of regular establishment but the salary payable to the employees of work-charge establishment has been freezed to a certain limit. In view of the ceiling imposed on the pay/salary of the members of petitioner Union they shall be getting fixed salary irrespective of the fact that specific pay scale has been provided for each category of employees. According to the petitioner, the impugned action of the State Government in imposing ceiling deprives petitioners of their due wages. The petitioners moved application No. 10994 of 2006 and filed a copy of order-dated 31.3.2006 passed by this Court in writ petition no. 452 of 2003 (SS) and other connected writ petitions. The counsel for the petitioners has submitted that the present case is squarely covered by the aforesaid judgment dated 31.3.2006. He prays that the present writ petition be decided in terms of the order-dated 31.3.2006. I have gone through the order-dated 31.3.2006 passed in Writ Petition no. 452 of 2003 (SS) and the record of the present writ petition and I find that the facts of the both cases are similar. On 31.3.2006 in writ petition no. 452 of 2003 (SS), following order was passed: “In view of the aforesaid facts and circumstances, a writ of certiorari is issued quashing the Government order dated 26.8.1999 so far as it relates to the imposition of ceiling on dearness allowance and the respondents are directed to pay salary to the petitioners ignoring the ceiling prescribed.” 2 Thus the present writ petition is decided in terms of the order dated 31.3.2006 passed in writ petition no. 452 of 2003 (SS) and other connected writ petitions. The respondents are directed to consider to pay salary to the petitioner in accordance with the aforesaid judgment. Accordingly, writ petition is disposed of. No order as to costs. Dated: 30.8.2006 Rajesh Tandon, J. *Dhyani 3