Secretary Department Of Primary ... vs Kamal Kishore Joshi And Others
2022 Latest Caselaw 3735 UK

      IN THE HIGH COURT OF UTTARAKHAND AT
                    NAINITAL

       THE CHIEF JUSTICE SHRI VIPIN SANGHI
                       AND
       JUSTICE SHRI RAMESH CHANDRA KHULBE

                  22nd NOVEMBER, 2022

              Special Appeal No.377 of 2022

Secretary Department of Primary Education and Others
                                           ......Appellants
                           Vs.

Kamal Kishore Joshi and Others               ......Respondents

                              and

              Special Appeal No.378 of 2022

Secretary Department of Primary Education and Others
                                           ......Appellants
                           Vs.

Sushil Chandra and Others                    ......Respondents

Presence: -
Mr. Anil Bisht, learned Additional Chief Standing Counsel for the
State/ appellants.
Mr. Himanshu Aswal, learned counsel holding brief of Mr. Navnish
Negi, learned counsel for the respondents in SPA No.378/2022.

JUDGMENT: (Per Shri Vipin Sanghi, Chief Justice)
           Special appeal no.377 of 2022 has been filed
with delay of 164 days and special appeal no.378 of 2022
with delay of 167 days. The impugned order in both these
appeals is a common order passed by the learned Single
Judge on 28.10.2021 including in WPSS No.588 of 2021,
WPSS No.589 of 2021 and WPSS No.629 of 2021.
2.         We have already dismissed the other special
appeals arising out of the impugned order on 18.11.2022
 being SPA No.373 of 2022, SPA No.374 of 2022 and SPA
No.375 of 2022.
3.        Our order dated 18.11.2022 reads as follows:-
                 "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."

4.        Following the same, these special appeals are
also dismissed.
5.        Pending applications, if any, also stand dismissed.




                                         ________________
                                          VIPIN SANGHI, C.J.


                            ________________________
                            RAMESH CHANDRA KHULBE, J.

Dated: 22nd November, 2022 KKS/SS