- (1.) RAJEEV Gupta, C. J. Mr. Ashish Joshi, Brief Holder for the appellants. Mr. Manoj Tiwari, Advocate for the respondents. They are heard.
(2.) THE appellants have filed this Special Appeal under Chapter VIII Rule 5 of the High Court Rules against the impugned judgment dated 30-03-2006 passed in Writ Petition No. 1023 of 2004 (S/s ). The respondents had filed the writ petition for the following reliefs : "a. To issue a writ order or direction in the nature of mandamus de claring the ceiling imposed on the amount of maximum salary payable to Work-Charge em ployees vide Government Order dated 26-08- 1999 as arbitrary and illegal. A-1. To issue a writ, order or direction in the nature of mandamus com manding the respondent to forthwith consider claim of the petitioners for regularisation of their services. B. Issue a writ, order or direction in the nature of mandamus com manding the respondents to grant all consequential benefits including arrears of salary to the petitioners within a time to be specified by this Hon'ble Court. C. To issue any other writ, order or direction, which this Hon'ble Court may deem fit and proper in the circumstances of the case. D. Award the cost of the writ peti tion in favour of the petition ers. " The petitioners, thus, in sub stance, were seeking quashing of the impugned Government Order dated 26-08-1999, whereby a ceiling was imposed on the dearness allowance payable to the work-charge employees.
(3.) THE learned Single Judge, follow ing the Division Bench decision in the case of State of Uttaranchal and others Vs. Pushkar Bhatt and others reported in 2006 (2) 17. C. 1206, allowed the writ petition and quashed the Government Order dated 26-08-1999. The decision of the Division Bench dated 04-03-2006 passed in the case of State of Uttaranchal and others Vs. Pushkar Bhatt and others and other connected appeals was challenged by the State of Uttaranchal by filing peti tion for Special Leave to Appeal before the Apex Court. The said petition for Special Leave to Appeal Civil No. 4083 of 2007 stands dismissed vide order dated 19-02-2007.;