CWP(T) No. 3631/08 (OA (M) 408/96) 27.04.2009 Present: None for the petitioner. Mr. R. K. Sharma, Sr. Additional Advocate General with Mr. Anil Jaswal, Deputy Advocate General, for the respondents. Actual date notice had been issued to the petitioner as also his counsel for today. However, inspite of pass over, none has caused appearance. Hence, in the absence of the petitioner, the matter is being decided. Petitioner has prayed for the following relief:- “a) That the respondents be directed to pay the enhanced daily wags @ Rs.76.40 paise including dearness allowance w.e.f. 1.1.1994 and also equal wages for equal work from the first day of appointment. b) That the respondents be directed to make the above payment in cash alongwith interest. c) Respondents be directed to give better daily wages to the applicant after taking into consideration his better qualification. d) That the costs of the application alongwity any other relief, which may be deemed fit, may kindly be allowed.” In the reply the respondents have pleaded as under:- “3. That in the category to which the applicant is working the rate of the same category has been stipulated by the Govt. of H.P. through its notification and vide office order dated 22.1.1997 only the office of Emngineer-in-Chief, also circulted the same to the replying respondent. Prior to the said notification the analogous rate to the applicant category have already been paid to the applicant as per the notification so issued by the Govt. from time to time under the minimum wages act. The said rates are itself enhanced so inclusive of dearness allowance. Therefore there is no provision for enhancement of separate dearness allwoane. Hence the present application is not maintainable.” In view of the aforesaid, the present petition is disposed of as having become infructuous. (Sanjay Karol) Judge. April 27, 2009. (rana)