SPA/472/2017
2022 Latest Caselaw 41 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

                  SHRI JUSTICE S.K. MISHRA, A.C.J.
                               AND
                SHRI JUSTICE ALOK KUMAR VERMA, J.

5TH JANUARY, 2022

SPECIAL APPEAL No.473 OF 2017

Between:

State of Uttarakhand and others. ...Appellants

and

Ajay Singh Rawat and others. ...Respondents

With SPECIAL APPEAL No.472 OF 2017

Between:

State of Uttarakhand and others. ...Appellants

and

Kalam Singh. ...Respondent

Counsel for the : Mr. C.S. Rawat, learned Chief appellants. Standing Counsel assisted by Mr. B.P.S. Mer, learned Standing Counsel for the State of Uttarakhand.

Counsel for : Mr. Vinay Bhatt and Mr. Niranjan respondents. Bhatt, learned counsel.

Upon hearing the learned Counsel, the Court made the following

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

Heard both the appeals.

2. The State of Uttarakhand has assailed the order

passed by the learned Single Judge on 06.04.2017 in

WPSS No. 1430 of 2016 and 1436 of 16, wherein the

following order has been passed:-

" In view of this, the present petitions are disposed of with the direction to the respondents to consider the case of the petitioners for appointment, also at par with those persons who have been appointed, within twelve weeks from today"

3. It appears that there is no mandamus to the

State so the State of Uttarakhand has no reason to be

aggrieved by the said order. Let the State of Uttarakhand-

appellant consider their case on merits and take a

decision.

4. Before considering the case, the opposite parties

shall give a reasonable opportunity of hearing to the

petitioner, and shall take a decision strictly in accordance

with law by passing a speaking and reasoned order.

5. If, in the meantime, any development has been

made and recommendation has been sent by the

Appointing Authority to the Chief Conservator Forest for

appointment of the writ petitioners, then such a

recommendation shall be given due weightage.

6. Both the appeals stand disposed of accordingly.

There is no order as to cost.

7. Pending application, if any, also stands disposed

of.

8. Urgent certified copy of this judgment be

granted to the parties on proper application.

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

___________________ ALOK KUMAR VERMA, J.

Dt: 05th January, 2022 JKJ/Neha