Uttarakhand High Court
SPA/333/2022 on 14 August, 2023
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
AND
HON'BLE SRI JUSTICE RAKESH THAPLIYAL
SPECIAL APPEAL NO. 333 OF 2022
14TH AUGUST, 2023
BETWEEN:
State of Uttarakhand & another .....Appellants.
And
Chandan Singh Jeena & others ....Respondents.
Counsel for the Appellants : Ms. Monika Pant, learned
counsel.
Counsel for the Respondent Nos.1 to 3 : Mr. I.P. Gairola, learned counsel.
Counsel for the Respondent No.4 : Mr. Aditya Singh, learned
Additional Chief Standing.
The Court made the following:
JUDGMENT:(per Hon'ble The Chief Justice Sri Vipin Sanghi)
Delay Condonation Application (IA No. 02 of 2022)
By this application, the appellants seek condonation
of 75 days delay in preferring the present special appeal.
2. The delay condonation application is opposed by
the respondents- writ petitioners, and they have filed their
reply.
3. We have heard learned counsels.
4. The reason for the delay has been explained by the
appellants by stating that, after the judgment had been
rendered by the learned Single Judge in Writ Petition (S/S)
No.3624 of 2018, on 15.06.2022, a copy of the same was
forwarded by the office of the District Social Welfare Officer,
Bageshwar to the Directorate of Social Welfare, Uttarakhand,
Haldwani vide letter dated 24.06.2022, and received on
30.06.2022. The Directorate of Social Welfare, Haldwani,
Uttarakhand, vide letter dated 06.07.2022 sought directions
from the Government, and thereafter, vide letter dated
12.07.2022 forwarded detailed comments/ report to the
Government for further necessary action. The Law
Department of the State granted permission vide Letter
No.302, dated 04.08.2022 for preferring the special appeal,
which was communicated to the Secretary, Social Welfare.
Eventually, vide letter dated 20.08.2022, the Chief Standing
Counsel was requested to prepare the special appeal, and file
the same. The special appeal was drafted on 05.09.2022. The
duly notarized special appeal was handed over to the C.S.C.
on 14.09.2022 for filing the same. In the meantime, decision
was taken to engage special counsel to argue the special
appeal vide letter dated 16.09.2022. It is stated that due to
the communication gap regarding filing of the special appeal,
handed over to the office of the C.S.C., the appeal could not
be filed. Thereafter, the C.S.C. was required to hand over the
duly notarized special appeal along with the certified copy of
the order, vide letter dated 27.09.2022.
5. The aforesaid actions entailed delay of 75 days in
preferring the appeal. From the application, it would be seen
that the appellant was clearly intent on in preferring the
special appeal, and was taking steps for the said purpose. We
are, therefore, inclined to allow the application. The delay
condonation application is allowed, and the delay of 75 days
in preferring the special appeal is condoned.
Special Appeal No.333 of 2022
6. The present special appeal is directed against the
judgment dated 15.06.2022, rendered by the learned Single
Judge in Writ Petition (S/S) No.3624 of 2018.
7. The claim in the writ petition primarily was directed
against the Director, Social Welfare, State of Uttar Pradesh,
since the same related to the period prior to the creation of
the State of Uttarakhand. The operative part of the impugned
judgment also shows that a writ of mandamus was issued to
the respondents, which included not only the State of
Uttarakhand, but also the Director, Social Welfare, State of
Uttar Pradesh to pay the scale of Rs.5000-8000/- to the writ
petitioners, w.e.f. 01.01.1996 till 08.11.2000- when the State
of Uttarakhand was carved out.
8. The State of Uttarakhand has preferred this special
appeal since contempt proceedings have been initiated by the
respondents- writ petitioners, on account of non-compliance
of the judgment dated 15.06.2022. The respondents- writ
petitioners have filed the objections to the delay condonation
application, wherein it is, inter alia, states that "this payment
has to be made by the Director, Social Welfare, State of U.P.,
Lucknow who has sent his letter dated 18.08.2022 to the
appellants that the documents pertaining to the petitioners be
made available so that order of the Hon'ble High Court of
Uttarakhand Nainital could be implemented".
9. Learned counsel for the respondents-writ
petitioners submits that the payment would be made by the
State of Uttar Pradesh provided the appellants- State of
Uttarakhand, provides the relevant documents to the State of
Uttar Pradesh. In this regard, the respondents have referred
to the letter dated 18.08.2022, issued by the Director, Social
Welfare, State of U.P., to the Director, Social Welfare, State
of Uttarakhand. A copy whereof has been filed as Annexure
No.1 to the said affidavit.
10. Learned counsel for the respondents- writ
petitioners submits that the respondents have preferred the
contempt petition, including against the appellant- State of
Uttarakhand, since the Department has not cooperated and
not provided the relevant documents due to which, the
payment due to the respondents- writ petitioners is held up.
11. Ms. Pant, on instructions, states that the State of
Uttarakhand shall positively provide all the relevant
documents to the State of U.P. in terms of their
communication dated 18.08.2022, within four weeks.
12. The appellants shall remain bound by the said
statement.
13. In case, the said statement is fulfilled, the
contempt proceedings against the appellants- State of
Uttarakhand shall be dropped.
14. The appeal stands disposed of in the aforesaid
terms.
15. Pending application, if any, also stands disposed of.
(VIPIN SANGHI, C.J.)
(RAKESH THAPLIYAL, J.)
Dated: 14th August, 2023
NISHANT
