Uttaranchal High Court: The Division Bench of Raghvendra Singh Chauhan, CJ. and Alok Kumar Verma, J., dismissed an appeal which was filed with the issue as to 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?
Counsel for both the parties submitted that issue involved in the present Appeal is already covered by the case of Uttaranchal Van Shramik Sangh Ranibagh Etc. v. State of Uttarakhand, SLP (C) Nos. 11651-11652 of 2019, decided by the Supreme Court by its judgment dated 12-02-2020 where the issue was whether the contractual workers were entitled to receive the Dearness Allowance or not? The Court had 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.”
Single Judge earlier had 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”.
The Court dismissing the appeal held that once a concession was made by the State before the Hon’ble Supreme Court, the State is equally bound by the said concession.
[State of Uttarakhand v. Bahadur Singh Rawat, 2021 SCC OnLine Utt 1174, decided on 21-10-2021]
Suchita Shukla, Editorial Assistant has reported this brief.