SPA/25/2022
2022 Latest Caselaw 442 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 APPEAL NO. 25 OF 2022

25TH FEBRUARY, 2022

BETWEEN:

Khim Chandra Arya .....Appellant. And

State of Uttarakhand & others ....Respondents.

Counsel for the Appellant : Mr. Sanjay Kumar, learned counsel.

Counsel for the respondents : Mr. B.S. Parihar, learned Standing Counsel State.

                                      :   Mr.      S.C.     Dumka,     learned
                                          Standing Counsel for the Union of
                                          India.

                                      :   Ms.      Sudha     Tamta,    learned

counsel holding brief of Mr. Vinay Kumar, learned counsel for respondent no.4.

Upon hearing the learned Counsel, the Court made the following

JUDGMENT: (per SRI S.K. MISHRA, A.C.J.)

Heard Mr. Sanjay Kumar, learned counsel for the

appellant, Mr. B.S. Parihar, learned Standing Counsel for the

State, Mr. S.C. Dumka, learned Standing Counsel for the

Union of India, and Ms. Sudha Tamta, learned counsel holding

brief of Mr. Vinay Kumar, learned counsel for the

Management-Institute.

2. On the submission of Mr. Sanjay Kumar, the

learned counsel for the appellant, this appeal is disposed of

giving the liberty to him to file appropriate and properly

articulated applications before the Secretary, Employment,

Skill Development and Training, Government of Uttarakhand

(respondent no.1), within a period of twenty-one days

ventilating their grievances to be treated at par with the

similarly situated persons, namely Brijpal, Bhuvneshwar

Prasad, Brijpal, who have been re-engaged on contractual

basis through Uttarakhand Purvsainik Kalyan Limited (UPNL).

3. On such an event, the respondent no.1 shall

consider his application, and take a decision strictly in

accordance with law and principles of parity, after affording

reasonable opportunity of hearing to the appellant on

production of documents, and also after affording opportunity

of hearing to any other party, who may be interested and

shall also take a decision regarding why the appellant herein

should not be given the benefit, that has been given to

similarly situated persons like Brijpal, Bhuvneshwar Prasad,

Brijpal. The respondent no.1 shall take a decision within a

period of 45 days from the production of certified copy of this

order along with the properly articulated representation

alongwith the brief of this appeal.

4. There shall be no order as to the costs.

5. Urgent certified copy of this order be granted on

proper application.

(S.K. MISHRA, A.C.J.)

(N.S. DHANIK, J.) Dated: 25th February, 2022 NISHANT