Uttarakhand High Court
State Of Uttarakhand And Others ...... ... vs Shanti Devi on 10 September, 2024
Reserved On: 08.08.2024
Delivered On: 10.09.2024
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE MS. RITU BAHRI
AND
HON'BLE SRI JUSTICE ALOK KUMAR VERMA
SPECIAL APPEAL NO. 37 OF 2024
State of Uttarakhand and Others ...... Appellants.
Versus
Shanti Devi .... Respondent.
With
SPECIAL APPEAL NO. 39 OF 2024
State of Uttarakhand and Others ...... Appellants.
Versus
Balpa Devi .... Respondents.
with
SPECIAL APPEAL NO. 46 OF 2024
State of Uttarakhand and Others ...... Appellants.
Versus
Ratan Singh .... Respondent.
With
SPECIAL APPEAL NO. 48 OF 2024
State of Uttarakhand and Others ...... Appellants.
Versus
Durga Devi .... Respondent.
With
SPECIAL APPEAL NO. 49 OF 2024
State of Uttarakhand and Others ...... Appellants.
Versus
Kailash Chandra Joshi and Another .... Respondents.
With
SPECIAL APPEAL NO. 66 OF 2024
State of Uttarakhand and Others ...... Appellants.
Versus
Prema Devi .... Respondent.
With
SPECIAL APPEAL NO. 77 OF 2024
State of Uttarakhand and Others ...... Appellants.
Versus
Chanar Singh Gaira .... Respondent.
With
SPECIAL APPEAL NO. 78 OF 2024
State of Uttarakhand and Others ...... Appellants.
Versus
Mohan Singh .... Respondent.
With
SPECIAL APPEAL NO. 79 OF 2024
State of Uttarakhand and Others ...... Appellants.
Versus
Bachey Singh .... Respondent.
With
SPECIAL APPEAL NO. 80 OF 2024
State of Uttarakhand and Others ...... Appellants.
Versus
Dhyan Singh .... Respondent.
With
SPECIAL APPEAL NO. 81 OF 2024
State of Uttarakhand and Others ...... Appellants.
Versus
Chandan Singh .... Respondent.
Counsel for the appellant/state: Mr. C.S. Rawat, learned
CSC, assisted by Mr.
Gajendra Tripathi,
learned brief Holder.
Counsel for the Respondents: Mr. Harendra Belwal,
learned Counsel in SPA
No. 77 of 2024 and SPA
No. 81 of 2024.
The Court made the following:
JUDGMENT:
(per Hon'ble the Chief Justice Ms. Ritu Bahri)
These Special Appeals are filed by the State of
Uttarakhand ("hereinafter referred as the appellants)against the
judgment of the learned Single Judge dated 17.12.2021,
Whereby the learned single Judge issued the writ of mandamus
and directed the respondents to grant the regular status to those
daily wagers to whom the regular status was not provided till
they have respectively attainted their age of superannuation and
as a consequence of grant of the status of regularization, the
respondentswere directed to consider and determine the retiral
benefits payable to the petitioners alongwith the arrears on the
basis of the benefits, which they would have been otherwise
entitled as a grant of their regularisation in the light of the
principles laid down under the Rules of 2003 and their
regularization would be treated as to be the regularization with
effect from 20.06.1991.Since the same judgment is challenged in
these special appeals, we are considering Special Appeal No. 37
of 2024 for the sake of brevity.
2. The facts in the writ petition before the learned Single
Judge are such that the petitioner was engaged as daily wager in
the forest department since 01.09.1982. The Petitioner has been
retired from the department on attaining the age of
superannuation. The Petitioner has worked in the department for
more than 33 years continuously but she has been retired without
giving any retiral benefits.
3. The same judgment was challenged in SPA 200 of 2022
"State of Uttarakhand and others Versus Gauri Dutt and others",
where the coordinate bench of this court delivered the judgment
vide order dated 05.09.2024, whereby the judgment passed by
the learned single judge was modified as under:-
"6. In the present case, the judgment passed
by the learned single judge is being modified to the
effect that benefit of the regularization cannot be
given with effect from 20.06.1991, and the same
has to be given from the notional date of
regularization when they had retired and all the
services by them before regularization will be
counted towards pension."
4. Therefore, The judgment delivered by the learned
Single Judge is being modified to specify that the benefit of
regularization shall not take effect from 20.06.1991. Instead, it
will be effective from the notional date of regularization, which
coincides with their retirement. Furthermore, all services
rendered prior to their regularization will be considered for
pension purposes.
5. Consequently, the appeals are disposed of, in view of
the above terms.
__________________
(RITU BAHRI, C.J.)
______________________
(ALOK KUMAR VERMA, J.)
NR
NITESH Digitally signed by NITESH RAWAT
DN: c=IN, o=HIGH COURT OF
UTTARAKHAND, ou=HIGH COURT OF
UTTARAKHAND,
RAWA
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cf436bdce9fb, postalCode=263001,
st=UTTARAKHAND,
serialNumber=F691686B3C447434E
T
89897BCDC0B6567DCE4B7108B324
FFED3C8A159F3BDD03C,
cn=NITESH RAWAT
Date: 2024.09.21 11:55:53 +05'30'
