HI GH COURT OF UTTARAKHAND AT NAI NI TAL Special Appeal No. 708 of 2017

22 April, 2025 State of Uttarakhand & Others …Appellants Versus Safiq Ahmad & Others …Respondents --------------------------------------------------------------

Presence:-

Mr. D.S. Bohra, Standing Counsel, for the State/appellants.

None appears for the respondents.

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J U D G M E N T Hon’ble Manoj Kumar Tiwari, J.

Hon’ble Ashish Naithani, J.

( Per: Hon’ble Manoj Kumar Tiwari, J.)

For the reasons indicated in the application seeking condonation of delay (CLMA/11550/2017), the same is allowed. Delay in filing this special appeal is condoned.

2. This intra-Court appeal is directed against the judgment and order dated 12.5.2017, passed by learned Single Judge in WPSS No. 1020 of 2017, which is extracted below:

“Learned counsel for the petitioners submits that the present lis is squarely covered by the judgment rendered by this Court in WPSS No.495 of

2014 and analogous matter on 23.03.2017.

Accordingly, the writ petition is also allowed in terms of the judgment cited hereinabove. The respondents are directed to pay and release the Dearness Allowance to the petitioners at par with the members of Kumaun Ban Shramik Sangh, Centre at Ranikhet from due date within a period of ten weeks from today with arrears. The petitioners shall be entitled to interest @12% per annum and if amount is not released to the petitioners, the petitioners shall be entitled to interest @18% per annum till the payment is made to them.

Pending application, if any, stands disposed of accordingly.”

3. Learned Counsel for the appellants submits that a bunch of writ petitions were decided in terms of the judgment rendered in WPSS No. 495 of 2014 and special appeals filed by State of Uttarakhand against judgment rendered in those petitions were allowed by a Division Bench of this Court vide judgment dated 22.2.2019. Learned Counsel for the appellants has produced in Court the judgment dated 22.2.2019, rendered in Special Appeal No. 263 of 2017 and other connected special appeals, which is taken on record. In para 2 of the said judgment, reference to the judgment rendered in WPSS No. 495 of 2014 is also made.

4. This Court finds substance in the submission made by learned Counsel for the appellants that identical issue has been decided in Special Appeal No. 263 of 2017. Therefore, this special appeal is also decided in terms of the said judgment and, accordingly, the judgment rendered by learned Single Judge, impugned in this special appeal, is set aside.

(Ashish Naithani, J.) (Manoj Kumar Tiwari, J.)

22.4.2025 Pr PRABODH Digitaly signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae

4e61af3aeab198d4625032, po stalCode=263001, KUMAR s s t e = ri U al T N T u A m RA b K e H r= A 0 N D D C , 1 11E8D8CA66E16B940EFDF806ACCC1 AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.04.30 17:11:09 +05'30'