1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (SS)No. 1591 of 2003 (Old No. 4916 of 1998) Govind Singh and others ………………. Petitioners Versus State of U.P.(now State of Uttarakhand) and others ………..Respondents Shri P.S.Rawat, Advocate present for the writ petitioners. Shri K.C.Tiwari, Brief Holder, present for the State. Hon’ble Prafulla C. Pant, J. Heard. (2) By means of this writ petition, moved under Article 226 of Constitution of India, the writ petitioners, who are the work charge employees of Irrigation Department of the State, have challenged the Government orders dated 03.11.1989, 13.09.1993 and 04.06.1997, whereby 2 ceiling limit has been imposed in payment of Dearness Allowance to said employees. (3) A counter affidavit has been filed on behalf of the State. (4) Having heard learned counsel for the parties, and after going through the papers on record, this court finds that the similar controversy which is raised in this petition, has already been settled in respect of Government order no. 26.08.1999 by the Devision Bench of this court in Special Appeal No. 66 of 2005 State of Uttaranchal vs. Pushkar Bhatt and others, reported in 2006(1) U.D. 587. It is stated that petitioner of the writ petition from which said appeal has arisen, who were similar situated work charge employees, are being paid the Dearness Allowance without any ceiling limit in compliance of said judgment. Perusal of judgment of said case shows that other Special Appeals No. 22 of 2004, 45 of 2004, 114 to 116 of 2004, 118 to 121 of 2004, 95 of 2005, 20 of 2005 and 21 of 2005, were also decided by the same judgment dated 04.03.2006. 3 (5) In view of the aforesaid judgment of the Division Bench of this court, this single judge bench is bound to follow the same. Therefore, this writ petition is disposed of in terms of judgment and order dated 04.03.2006, passed in Special Appeal No. 66 of 2005 State of Uttaranchal vs. Pushkar Bhatt and others. However, the writ petition shall stands dismissed in respect of the time scale claimed by the writ petitioners. (Prafulla C. Pant, J.) Dt.05.03.2011 NP