- (1.) P. C. Verma, J. The controversy involved in all these writ petitions is one and the same, hence they all are being dis posed of by this common judgment.
(2.) ALL these Special Appeals have been filed by the State of Uttaranchal impugning the judgment and order passed by the learned Single Judge. Brief facts of the case-giving rise to the special appeals are that the respondents in all these appeals were appointed on daily wage basis in the establishment of appellants on the posts of Mate/beldar and thereafter they were appointed in the work charge establishment. It was alleged by the appellant / respondents. that since those employees were not regu larly appointed employees, hence they were not entitled for the regular salary to be paid for such regular ap pointed employees unless and until their services were not regularized. The present appeal has been filed against the judgment and order of learned Single Judge by which he has disposed of the writ petitions in the following terms : "consequently, the Government Order dated 26-08-1999 so far as it relates to the imposition of ceil ing on dearness allowances re quires reconsideration by the re spondents in view of the observa tions made above as well as in view of the Government Order dated 01-01-2000 issued by the State of U. P. deleting paragraph 668 as mentioned above. In the meantime, respondents are directed to pay salary to the peti tioners ignoring the ceiling pre scribed in view of the order of Di vision Bench dated 10-05-2002. " We have heard learned coun sel for the parties and perused the entire evidence on record.
(3.) IN so far as the Government Order dated 26-08-1999 is con cerned, by this Government Order after the amendment, the ceiling has been imposed increasing the limit and by the Government Order dated 01-01-2000, the provision relating to appointment of work charge employ ees and their payment contained in financial handbook has been deleted by the State of U. P. itself. Since both the above Government Orders have been passed prior to the appointing date, therefore, they are in force in the State of Uttaranchal also and ac cordingly the ceiling is imposed on the Dearness Allowance in terms of the Government Order dated 26-08-1999. The respondent / petitioners have challenged the imposition of ceiling on dearness by the Govern ment Order on various grounds in cluding the ground that no ceiling can be fixed on the dearness allow ance as it is paid on the basis of price index. The learned Single Judge has not adverted on the main ground and has issued the direction to the State Government to reconsider the Gov ernment Order dated 26-08-1999 so far as it relates to the imposition of ceiling on dearness allowances. It has further been directed that till the re consideration is not done, the salary shall be paid to the petitioners/re spondents ignoring the ceiling limit in view of the Division Bench order dated 10- 05-2002, which is the in terim order. No reason has been as signed to depend on the interim or der while disposing of the writ peti tion finally. In other words, the valid ity of the imposition of ceiling has not been gone into.;