In these bunch of writ petitions common question of law and facts are involved, hence, I proceeded to decide the present bunch of writ petitions by the present judgment covering all the petitions.

Every one suffers from the warmth of dearness on account of rise in consumer price index. With intention to meet out the adverse consequence and hardship on account of rise in consumer price index, dearness allowances are paid to the employees. When right to livelihood is guaranteed under Article 21 of the Constitution of India, whether inspite of fact that regular as well as work-charge

employees both suffer equally on account of rise in consumer price index Government can provide ceiling on the dearness allowances of work charge employees ? Petitioners are aggrieved with the ceiling provided by the impugned order for payment of dearness allowances to the work-charge employee, hence, they have approached this Court under Article 226 of the Constitution of India. All the petitioners are the employees of Lok Nirman Vibhag and Irrigation Department discharging duties as work-charge employees.

2. The brief facts of the case is that the petitioners in the present bunch of Writ Petitions were appointed between 1965-85 as work charge employees in the respective department. The regular employees get their salary from establishment budget. Whereas work charge employees get their salary from the estimate of work where they have been appointed. Volume VI of Para 667 of the Financial Handbook defines the work-charge employee. For convenience para 667 of the financial handbook is reproduced as under:

" (667) Work-charged establishment will include such establishment as is employed upon the actual execution, as distinct from the general supervision, of a specific work or of sub-works of a specific project or upon the subordinate supervision of departmental Labour stores and machinery in connection with such a work or sub-works. When employees borne on the temporary establishment are employed on work of this nature their pay should for the time being, be charged direct to the work. "

Volume VI of Para 669 of the Financial Handbook provides that the work-charge employees shall not be entitled for any pension or to leave salary or allowances except the allowances relating to travelling and daily allowances. They may be allowed and extra-ordinary pension and gratuity in certain conditions admissible under the rules contained in the Civil Services Regulations. However, the aforementioned provision contained in Financial Handbook has been de-notified or repealed by the State Government by notification dated 1-1-2000. The relevant extract of the notification is reproduced as under:

3. The controversy relating to the payment of equal dearness allowances to the regular employees as well as work charge employees has earlier drawn attention of this Court in a Writ Petition No. 1807 of 1997 (SS) which was decided by judgment and order dated 27-8-1999. It appears that earlier when ceiling was imposed by the respondents state a bunch of writ petitions were filed challenging the validity of decision taken by the State Government. During the pendency of writ petition the impugned order was passed by respondents state which was placed before this Court. On account of issuance of subsequent Government order providing ceiling on dearness allowances, earlier bunch of writ petitions were disposed of finally by judgment and order dated 26-8-1999 with the observation that in case there is any grievance relating to the fixation of salary the employees may raise such grievance before the competent authority. The question relating to the regularization of work charge employees was also considered by this Court. On account of assurance given by respondents state that they are proceeding ahead to consider the petitioners case for regularisation in view of Apex Court judgment reported in 1998 (8) SCC 473, Raj Narain Prasad v. State of U. P. & Ors. , this Co