SPA/303/2021
2021 Latest Caselaw 5232 UK

    IN THE HIGH COURT OF UTTARAKHAND
               AT NAINITAL

THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN
                            AND
      THE HON'BLE SRI JUSTICE NARAYAN SINGH DHANIK


                 20TH DECEMBER, 2021


            SPECIAL APPEAL No. 303 OF 2021
 Between:

 State of Uttarakhand and others.
                                            ...Appellants
 and

 Vinod Kumar and another.
                                         ...Respondents

                         With
            SPECIAL APPEAL No. 304 OF 2021
 Between:

 State of Uttarakhand and others.
                                            ...Appellants

 and

 Anand Mani.
                                          ...Respondent

                         With
            SPECIAL APPEAL No. 305 OF 2021
 Between:

 State of Uttarakhand and others.

                                            ...Appellants
 and

 Bachan Singh Chauhan.
                                          ...Respondent
                           With
             SPECIAL APPEAL No. 307 OF 2021


Between:

State of Uttarakhand and others.

                                                              ...Appellants
and

Ajay Ram Notiyal.
                                                            ...Respondent


Counsel for the appellants.         :   Mr. B.S. Parihar, the learned Standing
                                        Counsel for the State of Uttarakhand-
                                        appellants

Counsel for the respondent in SPA   :   Mr. B.S. Negi, the learned counsel.
No. 303 of 2021.


The Court made the following:


JUDGMENT : (per Hon'ble The Chief Justice Sri Raghvendra Singh Chauhan)


              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


                                        2
 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.



                  _____________________________
                  RAGHVENDRA SINGH CHAUHAN, C.J.


                          _______________________
                          NARAYAN SINGH DHANIK, J.

Dt: 20th December, 2021 Rahul