SPA/374/2022
2022 Latest Caselaw 3688 UK

       IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

                       SRI JUSTICE VIPIN SANGHI, C.J.
                                   AND
                        SRI JUSTICE R.C. KHULBE, J.

18th NOVEMBER, 2022 SPECIAL APPEAL No. 373 OF 2022 Between:

Secretary, Department of Primary Education, State of Uttarakhand, Dehradun and others. ......Appellants. and Madhu Bisht and others. ....Respondents

SPECIAL APPEAL No. 374 OF 2022 Between:

Secretary, Department of Primary Education, State of Uttarakhand, Dehradun and others. ......Appellants. and Padma Rawat and others. ...Respondents & SPECIAL APPEAL No. 375 OF 2022 Between:

Secretary, Department of Primary Education, State of Uttarakhand, Dehradun and others. ......Appellants. and Anil Kumar and others. ....Respondents

Counsel for the appellants : Mr. Anil Kumar Bisht, learned Additional Chief Standing Counsel for the State of Uttarakhand.

Counsel for the respondents : Mr. Navnish Negi..

Upon hearing the learned Counsel, the Court made the following

COMMON JUDGMENT : (per Sri Vipin Sanghi, C.J.)

The present Special Appeals are delayed by 164

days. We are not going into the issue of limitation for the reason that the present impugned order itself takes notice of

the fact that the issue raised in the writ petitions by the

respondents herein was covered by the judgment of the

learned Single Judge in Writ Petition (S/S) No. 1955 of

2015, which was affirmed by the Division Bench of this

Court in Special Appeal No. 279 of 2018 'State of

Uttarakhand and others vs. Harish Singh Bora', and the said

judgment of the Division Bench has also been affirmed by

the Supreme Court in Special Leave Petition (Civil) Diary

No(s). 12720 of 2019, decided on 09.05.2019.

2. Mr. Anil Kumar Bisht, learned Additional Chief

Standing Counsel for the State of Uttarakhand, fairly

submits that the review petition being Review Petition (Civil)

No. 2069 of 2019 preferred by the State was also dismissed

by the Supreme Court on 04.09.2019.

3. The aforesaid being the position, we dismiss the

present Special Appeals.

4. In sequel thereto, pending application, if any, also

stands dismissed.

________________ VIPIN SANGHI, C.J.

____________ R.C. KHULBE, J.

Dt: 18th November, 2022 Rathour