SPA/135/2020
2021 Latest Caselaw 5328 UK

           IN THE HIGH COURT OF UTTARAKHAND
                              AT NAINITAL
                     SRI JUSTICE S.K. MISHRA, A.C.J.

                                  AND

                       SRI JUSTICE N.S. DHANIK, J.

SPECIAL APPEALNO. 135 OF 2020

24TH DECEMBER, 2021

BETWEEN:

State of Uttarakhand & another .....Appellants. And

Suresh Chandra Kavidayal& others ....Respondents.

Counsel for the Appellants : Mr. C.S. Rawat, learned Chief Standing Counsel with Mr. B.P.S. Mer, learned Brief Holder.

Counsel for the Respondents : Mr. M.C. Kandpal, learned Senior Counsel assisted by Mr. Harendra Belwal, learned counsel.

The Court made the following:

JUDGMENT :(per Sri S.K. Mishra, A.C.J.)

Heard Mr. C.S. Rawat, the learned Chief Standing

Counsel for the State, and Mr. M.C. Kandpal, learned Senior

Counsel assisted by Mr. Harendra Belwal, learned counsel for

the respondents.

2. In this writ appeal, the State of Uttarakhand has

challenged the order passed by the learned Single Judge in

Writ Petition (S/S) No.1715 of 2018, dated 18.11.2019,

whereby the learned Single Judge granted the benefit of

counting the services the respondents as Ganna Gram

Sewakfor the purpose of pensionary benefits in the post of

Cane Supervisor.

3. Mr. C.S. Rawat, the learned Chief Standing

Counsel, at the outset, submits that in some other cases, the

benefit has been granted to Ganna Gram Sewak, but there is

an intelligible differentia in the sense that those persons were

regular employees of the society.

4. However, we do not consider it to be an intelligible

differentia, as those persons were employees of the society

which is definitely not synonymous with the State of

Uttarakhand, and the present respondents were temporary

employees of the State of Uttarakhand. So, there appears to

be no merit in this intra-court appeal.

5. Hence, we are not inclined to allow this Special

Appeal. It is, hereby, dismissed.

________________ S.K. MISHRA, A.C.J.

_____________ N.S. DHANIK, J.

Dated: 24thDecember, 2021 NISHANT