In the matter of appointments of activists on Group ‘C’ and Group ‘D’ posts under the Uttarakhand Rajya Andolan Ke Ghayal/Jail Gaye Andolankariyon Ki Sewayojan Niyamawali vs State of Uttarakhand

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2018 Supreme(UK) 27

LOK PAL SINGH
In the matter of appointments of activists on Group ‘C’ and Group ‘D’ posts under the Uttarakhand Rajya Andolan Ke Ghayal/Jail Gaye Andolankariyon Ki Sewayojan Niyamawali – Appellant
Versus
State of Uttarakhand – Respondent

Advocates Appeared:
For the Petitioner:Mr. Arvind Vashistha, Senior Advocate (Amicus Curiae)
For the Respondent:Mr. S.N. Babulkar, Advocate General of the State assisted by Mr. Paresh Triapthi, Chief Standing Counsel and Anjali Bhargava
For the Interveners :Mr. M.S. Pal, Senior Advocate assisted by Mr. Amir Malik, Advocate, Mr. S.K. Jain, Senior Advocate assisted by Mr. Siddhartha Jain, Advocate, M.C. Pant, Mr. Mahesh Chandra Pant, Advocates, Mr. Raman Kumar Shah, Advocate, intervener (in person)

JUDGMENT :

Lok Pal Singh, J.

The appeal was heard at length by a Division Bench of this Court comprising Hon'ble Sudhanshu Dhulia, J. and Hon’ble U.C. Dhyani, J. Both the Hon'ble Judges, having difference of opinion, decided to deliver separate judgments instead of giving a common judgment. Due to difference of opinion among the members of the Division Bench, this matter has been referred to me, for my decision on the subject, by the order of Hon’ble the Chief Justice.

2. The genesis of this writ petition (P.I.L.) is an order dated 11.05.2010 rendered by His Lordship Tarun Agarwala, J. on the review application filed in WPSS No.945 of 2007.

3. In the backdrop, facts of the case are that a writ petition was filed by the petitioner Karunesh Joshi, being WPSS No.945 of 2007, seeking appointment on Group ‘D’ post, pursuant to the Government Order dated 11th August, 2004. By means of G.O. dated 11.08.2004, one time reservation in government service was given to those persons, who were either injured or who remained in jail for seven days or more during agitation for creation of new State, subject to their qualifications for the posts. This was one time reservation for Class III and Class IV

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2018 Supreme(UK) 27

LOK PAL SINGHIn the matter of appointments of activists on Group ‘C’ and Group ‘D’ posts under the Uttarakhand Rajya Andolan Ke Ghayal/Jail Gaye Andolankariyon Ki Sewayojan Niyamawali – AppellantVersusState of Uttarakhand – Respondent

Cases Referred (2)

LOK PAL SINGH
In the matter of appointments of activists on Group ‘C’ and Group ‘D’ posts under the Uttarakhand Rajya Andolan Ke Ghayal/Jail Gaye Andolankariyon Ki Sewayojan Niyamawali – Appellant
Versus
State of Uttarakhand – Respondent