Heard Shri D.K.Tripathi, learned counsel for the petitioners and Sri Ram Chandra Verma holding brief of Sri Ajay Kumar Singh, learned counsel for the respondent No.2.
The short controversy involved in this petition relates to payment of dearness allowance. The petitioners are work charged employees working in the U.P. State Bridge Corporation. The grievance of the petitioners is that ceiling has been imposed on payment of dearness allowance, they have preferred this writ petition.
It is admitted to the learned counsel for the parties that the facts of the present writ petition are similar to several other writ petitions filed in this court, the leading writ petition of which is Writ Petition No. 2266 (SS) of 2007; Promod Kumar and others Vs. State of U.P. and another. Writ Petition No. 2266 (SS) of 2007 was allowed vide order dated 13.09.2007 and it was held by this court that no ceiling can be imposed upon dearness allowance. Identical controversy regarding imposition of ceiling on dearness allowance has been decided by this Court in judgment and order dated 6.5.2005 in the case reported in Prabhu Narain Sharma Vs. State of U.P and others, reported in 2006 LCD 1053 and it has been held that no ceiling can be imposed on payment of dearness allowance.
Against judgement and order dated 13.09.2007, Special Appeal was filed by the opposite parties in which a direction was issued that review petition be preferred. Review petition so preferred before Hon'ble Single Judge was dismissed. Against order passed in the review petition, the opposite parties preferred Special Appeal which is pending.
It is also admitted to the learned counsel for the parties that against judgement rendered in the case of Prabhu Narain Sharma (supra) Special Appeal was filed wherein the interim relief application was rejected against which Special Leave Petition No. 3661 of 2007 was preferred which was also dismissed by the Apex Court.
Thus, the submission is that the controversy involved in this petition has been resolved with respect to the employees of the Corporation and the State government and in view of the settled proposition of law the petition deserves to be allowed.
In view of the above observations, this court is of the view that the matters stand finally resolved by this court as well as by the Apex court to the effect that there can be no ceiling limit imposed on payment of dearness allowance to the employees of the corporation and the state government.
The petition is accordingly allowed. The petitioners shall also be entitled to the benefits in terms of judgement dated 13.9.2007 passed in Writ Petition No. 2266 (SS) of 2007 and the case of Prabhu Narain Sharma in case they have been discharging duties as work charged employees.
No order as to costs.
Order Date :- 11.1.2010 RKM.