Uttarakhand High Court
4 September vs Rohit Kumar Singh And Others on 4 September, 2024
2024:UHC:6467-DB
HIGH COURT OF UTTARAKHAND AT NAINITAL
Special Appeal No. 67 of 2021
04 September, 2024
State Of Uttarakhand and others. ......Appellants
Versus
Rohit Kumar Singh and others. .......Respondent
Counsel for the appellant/State : Mr. Shobhit Saharia, learned Special
Counsel and Mr. M.S. Bisht, learned
Brief Holder for the State of
Uttarakhand / appellant.
Counsel for the respondents : Ms. Puja Banga, Mr. Niranjan Bhatt,
Mr. Vinay Kumar and Mr. Anil
Anthwal, learned counsel for the writ
petitioners.
JUDGMENT :
(per Ms. Ritu Bahri, C.J.)
There is delay of 309 days in filing the present
Special Appeal, which is not being seriously opposed by
the learned counsel for the respondent-writ petitioners.
2. For the reasons stated in the Application (IA No. 1
of 2021) seeking condonation of delay, the delay is
condoned. The Application seeking condonation of
delay is allowed.
3. The instant Special Appeal has been filed by the
appellant challenging the judgment and order dated
08.10.2018 passed by the learned Single Judge in Writ
Petition No. 3521 of 2018 (S/S) titled as 'Rohit Kumar
Singh and others vs. State of Uttarakhand and others'
and order dated 13.03.2020 passed in Review
Application No. 812 of 2019.
4. Counsel for the State has referred to the letter
2024:UHC:6467-DB
th
dated 28 October, 2016, at Page-55 of the Special
Appeal, where pursuant to the judgment of this Court
passed in WPSS No. 600 of 2014, the benefit of HRA
was extended to the personnel living in barracks
belonging to Fire and Emergency Services. He has also
referred to the letter dated 5th September, 2017, at
Page 58 of the Special Appeal, where pursuant to the
judgment of this Court passed in WPSS No. 306 of
2016, this benefit of HRA was given to the police
personnel living in barracks.
5. The only thing, which requires clarification, is as to
from which date, this benefit is to be given. This Court
is clarifying this issue that as per the letter dated 28th
October, 2016 (Annexure-1 to the Special Appeal), the
benefit of HRA is to be given to the personnel living in
barracks belonging to Fire and Emergency Services
from 7th January, 2015, i.e. from the date of the
judgment passed in WPSS No. 600 of 2014, and with
respect to letter dated 5th September, 2017 (Annexure-
2 to the Special Appeal), this benefit is to be given to
the personnel of civil police from 18th February, 2016,
i.e. from the date of the judgment passed in WPSS No.
306 of 2016.
6. Mr. Anand Shankar Takwale, IG (Karmiks) PHQ is
present in the Court today. He says that keeping in
2024:UHC:6467-DB
view the above fact, the judgment of this Court will be
implemented and the benefit will be given to the
personnel staying in barracks with effect from 7th
January, 2015 and 18th February, 2016 respectively.
7. With the aforesaid clarification in the judgment of
this Court dated 08.10.2018 passed in WPSS No. 3521
of 2018, the instant Special Appeal stands disposed of.
______________
RITU BAHRI, C.J.
__________________
RAKESH THAPLIYAL, J.
Dt: 4th September, 2024
Rathour
PRAVIND
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Date: 2024.09.12 15:18:56 +05'30'
