State Of Uttarakhand And Others vs Bahadur Singh Rawat And Others

Raghvendra Singh Chauhan, CJ

There is delay of 59 days in filing the present Appeal.

For the reasons stated in the affidavit filed in support of the Delay Condonation Application (CLMA NO. 7068 of 2017), the delay is condoned. The Delay Condonation Application stands allowed accordingly.

Both the learned counsel for the parties are ad-idem that the issue involved in the present Appeal is already covered by the case of Uttaranchal Van Shramik Sangh Ranibagh Etc. vs. The State of Uttarakhand and Others SLP (C) Nos. 11651-11652 of 2019, decided by the Hon'ble Supreme Court by its judgment dated 12.02.2020.

The issue before the learned Writ Court was whether the petitioners were entitled to receive the minimum of the pay-scale, and the Dearness Allowance admissible to the regularly appointed employees, or not?

By order dated 23.03.2017, the learned Single Judge directed the respondent-State "to pay and release the Dearness Allowance to the petitioners at par with the members of Kumaun Ban Shramik Sangh, Center at Ranikhet with effect from 21.03.2002 within a period of ten weeks from the date of the order with arrears". He further directed that "the petitioners shall be entitled to interest @ Rs. 12% per annum and if the amount is not released to the petitioners, the petitioners shall be entitled to 18% interest per annum till the payment is made to them".

In the case of Uttaranchal Van Shramik Sangh Ranibagh Etc. (supra), the issue before the Hon'ble Supreme Court was whether the contractual workers were entitled to receive the Dearness Allowance or not?

A concession was made by the State before the Hon'ble Supreme Court that the Dearness Allowance is being given to the other daily-wagers. Therefore, the Hon'ble Supreme Court observed that "suffice for us to say that if dearness allowance is being given to other daily wagers, naturally the State will not discriminate the daily-wagers on this aspect."

Once a concession was made by the State before the Hon'ble Supreme Court, the State is equally bound by the said concession.

Therefore, this Court does not find any merit in the present Appeal. It is, hereby, dismissed.

No order as to costs.