SPA/169/2022
2022 Latest Caselaw 1962 UK

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                                  SPA No.169 of 2022
                                  Shri Vipin Sanghi, C.J.
                                  Shri Ramesh Chandra Khulbe, J.

Shri S.S. Chaudhary, learned Brief Holder for the State/appellants.

Mr. Anil Anthwal, learned counsel for respondent.

Since the delay condonation application is of 02 of 2022, issue notice.

Counsel for the respondent appears and accepts notice.

By this application, the appellant seeks condonation of 24 days' delay in filing the present special appeal.

Learned counsel for the respondent fairly does not oppose the application.

The same is accordingly allowed. Delay is condoned.

The present special appeal is directed against the judgment dated 16.12.2021 rendered by learned Single Judge in Writ Petition (S/S) No.1966 of 2018 "Sanjay Singh Vs. State of Uttarakhand and others." By the impugned judgment, the learned Single Judge has allowed the writ petition and directed the appellant herein to refix the pay scale payable to the petitioner; and the consequential benefits flowing there from, after including therein the period of service, which has been rendered by him in the Indian Armed Forces after his commission in the Army from 16.07.1993 till date of his discharge i.e. 31.08.2008, and his subsequent re-engagement in the Police Department, and to extend all service benefits, accordingly, in the light of the principles laid down by the Division Bench in its judgment rendered in Writ Petition (S/B) No.50 of 2005, T.P.Kundaliya Vs. State of Uttarakhand and others decided on 04.07.2005. The submission of learned counsel for the appellant is that the respondent after his discharge from the Indian Army is receiving pension from the Indian Army. He submits that for seeking benefit of past services for fixation of pension, it was essential that the service of the respondent should have been continuous, that is without a break, from the time he was discharged from the Indian Army and he joined the Police Force.

    In     this    regard        he    has     placed
 reliance     on   Uttarakhand   Sevanivritti

Labh (Sanshodhan) Niyamawali, 2016.

In our view, reliance placed on the said Rule is misplaced, inasmuch as, the same deals with the aspect of grant of pension for past services. However, we are not concerned with that aspect of the matter. The learned Single Judge granted to the respondent refixation of pay scale payable to the respondent, by taking into account the past services rendered by him with the Indian Armed Forces between 16.07.1993 till date of his discharge i.e. 31.08.2008, in accordance with the Division Bench decision noticed above.

We, therefore, find no merit in this appeal and same is dismissed.

(R.C. Khulbe, J.) (Vipin Sanghi, C.J.) 04.07.2022 SK/RB