IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 104 of 2008 (S/S) Kundan Singh S/O Late Sri Prem Singh, R/O Village Horali, P.O. Horali, District Bageshwar and 4 others. …… Petitioners. Versus State of Uttarakhand through Secretary Public Works Department Dehradun and two others. … Respondents. Sri Ganesh Kandpal, learned counsel for the petitioner. Sri Lalit Sharma, Brief Holder for the State respondents 1 to 3. Date April 17, 2008. Hon’ble B.S.Verma, J. This writ petition has been filed for the following reliefs:- 1. To issue a writ, order or direction in the nature of certiorari for quashing the order dated 26-08-1999 contained in Annexure No. 1 to this writ petition. 2. To issue a writ, order or direction in the nature of Mandamus commanding the Respondents to waive the artificial ceiling limit on the dearness allowances, in the pay scale of the Petitioners. 3. Any other writ, order or direction which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case. 4. Award cost of the petition to the Petitioners. In the course of arguments, the learned counsel for the petitioners has submitted that the controversy involved in the present writ petition is squarely covered by the Division Bench judgment of this Court in the case of State of Uttaranchal and others Vs. Pushkar Bhatt and others [2006(1) U.D., 587] and the present writ petition may be allowed in terms of the said judgment. 2 I have perused the Division Bench Judgment dated 4- 3-2006 passed by this Court. Paragraph nos. 10 and 11 of the said judgment are relevant and the same are reproduced hereunder:- “10. In view of the logic and concept for payment of dearness allowance as laid down by the Hon’ble Apex Court quoted above, no ceiling limit can be fixed on the dearness allowance and since the Government has taken a decision to pay the dearness allowance to the work charge employees, then it cannot fix a ceiling limit thereon. Thus, the Government Order dated 26-08- 1999 fixing the ceiling limit is contrary to the law laid down by the Hon’ble Apex Court which is law of the land under Article 141 of the Constitution of India and cannot be sustained.” “11. Thus, the Government Order dated 26-08-1999 is hereby quashed. The Special Appeals are dismissed. Consequently, the writ petitions are allowed. However, it is made clear that the petitioners/respondents shall not be paid regular salary but they shall be paid wages on the work charge basis and the full dearness allowance thereon ignoring the ceiling.” Learned counsel appearing on behalf of the State has fairly conceded that the controversy involved in the present writ petition stands resolved by the aforesaid Division Bench judgment of this Court. Accordingly, the writ petition is allowed in terms of the Division Bench judgment of this Court dated 4-3-2006 passed in Special Appeal No. 66 of 2005 State of Uttaranchal and others Vs. Pushkar Bhatt and others. The Government Order dated 26-08- 1999 is accordingly quashed. The petitioners shall be entitled to the wages on the work charge basis and the full dearness allowance thereon ignoring the ceiling, as held by the Division Bench. ( B.S.Verma, J. ) RCP 3 4