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2017 Supreme(UK) 219

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
K.M. Joseph, Alok Singh, JJ.
State of Uttarakhand and others – Appellants
Versus
Uttarakhand Sahkari Sangrah Kurk Amin Parishad and others – Respondents
Special Appeal No. 305, 306, 321, 329 With Delay Condonation Application No. 6754 of 2017 Special Appeal No. 324, 323, 325, 328, 327, 322, 326, 308, 309, 310,311, 314, 315, 316, 319 of 2017
Decided On : 11-07-2017

Advocates Appeared:
For the Appellant : Mr. Paresh Tripathi, Chief Standing Counsel assisted by Mr. Pradeep Joshi, Standing Counsel and Mr. Rajeev Singh Bisht, Brief Holder
For the Respondents:Mr. B.M. Pingal, Advocate, Mr. Niranjan Bhatt, Advocate

Headnote:Service Matter - Counting the past services - For the purposes of selection grade, promotional scale and post retiral benefits including pension etc. - Held that the matter will be considered for the purpose of counting the past services from 09.11.2000 for the purpose of selecton grade and promotional scale.

        (Paras 14 to 18, 21 to 25, 27 to 30)

        lsok okn & foxr lsokvksa dh x.kuk & p;u xzsM] lao/kZu Ldsy o lsokfuo`fÙk ds ckn ds ykHk] tSls isa'ku vkfn & /kkfjr fd okn esa foxr lsokvksa dh x.kuk ij fnukad 09-11-2000 ls fopkj fd;k tk,xk] p;u xzsM o lao/kZu Ldsy ds iz;kstu ds fy,A ¼izLrj 14 ls 18] 21 ls 25] 27 ls 30½

       

JUDGMENT :

K.M. JOSEPH, J.

1. Heard learned counsel for the parties in Special Appeal No. 329 of 2017 on the delay condonation application. In the circumstances, the delay of 34 days in filing the appeal will stand condoned. The delay condonation application will stand allowed.

2. All these appeals being connected, we are disposing of the same by this common judgment.

3. The appellants are the State of Uttarakhand and other respondents

4. The common judgment pronounced by the learned Single Judge reads as follows:

“Mr. Amar Shukla with Mr. B.M. Pingal, Advocates, for all the petitioners.

Mr. BPS Mer, Brief Holder, for the State. Counter affidavit filed on behalf of the respondents is permitted to be taken on record. Applications made therefor, stand disposed of accordingly.

Since the common questions of law and facts are involved in these petitions, the same have been taken up together and decided by this common judgment.

Learned counsel for the petitioners submits that the present lis is squarely covered by the judgment rendered by the Division Bench of Hon. Allahabad High Court in SPA No. 187 of 2009, State of U.P. & others vs. Chandra Prakash Pandey & others and analogous petitions, decided on 19.11.2010.

Accordingly, the present petitions are disposed of in terms of the judgment cited hereinabove. The respondents are directed to grant the ACP to the petitioners and to count the past services of the petitioners for the purpose of selection grade, promotional scale and post-retiral benefits including pension etc. from due date within a period of ten weeks from today.

All pending applications stand disposed of in the above terms.”

Nineteen Writ Petitions came to be disposed of by the aforesaid common judgment.

5. These 19 appeals which we are disposing of by this common judgment can be divided into two categories of cases. The prayers in all the writ petitions, from which Special Appeal Nos. 306 of 2017, 308 of 2017, 309 of 2017, 310 of 2017, 311 of 2017, 321 of 2017, 324 of 2017, 326 of 2017, 327 of 2017, 328 of 2017 and 329 of 2017 are preferred, read as follows:

“(I) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent authorities to grant the ACP to the petitioner forthwith and also pay the arrear to the petitioner along with 18% interest per annum from the due date till the actual payment of arrear is paid to the petitioner by the respondent authority.

(II) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to count the past services of the petitioner for the purpose of Selection Grade, Promotional Scale and Post reitral benefits including pension etc. from petitioner respective date of appointment i.e. 15-02- 1995.”

6. The prayers in the other writ petitions, from which the Special Appeal Nos. 305 of 2017, 323 of 2017, 325 of 2017, 322 of 2017, 314 of 2017, 315 of 2017, 316 of 2017 and 319 of 2017 are preferred, read as follows:

(i) Issue a writ order or direction in the nature of mandamus commanding and directing the respondents to refund/pay the entire arrears of the salary with interest @ 18% per annum to the petitioners which has arbitrarily been adjusted by the respondents towards the commission in gross violation of judgment and order rendered by this Hon’ble Court dated 31-03-2006 in writ petition no. 4796 of 2001 (S/S) as modified by the judgment and order dated 14-09-2010 passed by the Division Bench of this Hon’ble Court in Special appeal no. 24 of 2007 at the time when the petitioners were declared as a Government Servant in Cooperative Department.

(ii) Issue a writ order or direction in the nature of mandamus commanding and directing the respondents to count the past services of the petitioners members for the purpose of Selection Grade, Promotional Scale and post retiral benefits including pension etc. from their respective date of appointment.”

It is these writ petitions which were disposed of by the aforesaid common judgment passe































































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