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2021 Supreme(UK) 372

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Raghvendra Singh Chauhan, Narayan Singh Dhanik, JJ.
State Of Uttarakhand & Ors. - Appellants
Versus
Vinod Kumar And & Ors. - Respondents
Special Appeal No. 303, 304, 305, 307 of 2021
Decided On : 20-12-2021

Advocates Appeared:
B.S. Parihar, Advocate, B.S. Negi, Advocate

Past services rendered by employees in the Uttar Pradesh Basic Education Board should be added to the period for receiving the benefit of A.C.P.

Headnote:

Delay Condonation - Past Services for A.C.P. Benefit - The court dismissed the Special Appeals as the issue raised had already been decided in a previous judgment, where it was held that past services rendered by employees in the Uttar Pradesh Basic Education Board should be added to the period for receiving the benefit of A.C.P.

Fact of the Case:

The appellants showed sufficient cause for the delay in preferring the Special Appeals, which was condoned by the Court. The issue raised was whether past services rendered by employees in the Uttar Pradesh Basic Education Board should be added to the period for receiving the benefit of A.C.P.

Finding of the Court:

The Court found that the issue raised in the Special Appeals had already been decided in a previous judgment, and since the present Special Appeals were squarely covered by the said judgment, they were dismissed.

Issues: The issue raised was whether past services rendered by employees in the Uttar Pradesh Basic Education Board should be added to the period for receiving the benefit of A.C.P.

Ratio Decidendi: The Court's decision was influenced by previous judgments where it was held that past services should be added to the period for receiving the benefit of A.C.P.

Final Decision: The present Special Appeals were dismissed by the Court.

JUDGMENT

Raghvendra Singh Chauhan, CJ. - Since sufficient cause has been shown by the appellants for the delay in preferring the present Special Appeals, the delay is hereby condoned by this Court. Delay Condonation Applications are disposed of.

2. Both the learned counsel for the parties are ad idem that the issue raised in this Special Appeal has already been decided by this Court in Special Appeal No.214 of 2020 by judgment dated 22.11.2021.

3. The issue raised before the learned Coordinate Bench was whether the past services rendered by the employees in the Uttar Pradesh Basic Education Board should be added to the period for receiving the benefit of A.C.P., or not? The said issue was already decided by this Court in the case of Beer Singh Bhandari v. State of Uttarakhand & others, [Writ Petition (S/S) No. 270 of 2009, decided on 23.12.2009], and in the case of Bachendra Prasad Kanswal & others v. State of Uttarakhand, [Writ Petition (S/S) No.928 of 2012, decided on 09.01.2017]. Therefore, the Special Appeal No. 214 of 2020 was dismissed by this Court by its judgment dated 22.11.2021.

4. Since the present Special Appeals are squarely covered by the said judgment, the present Special Appeals are also, hereby, dismissed.

5. No order as to cost.

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