SPA/607/2017
2025 Latest Caselaw 2981 UK

Uttarakhand High Court

SPA/607/2017 on 16 June, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                     COURT'S OR JUDGE'S ORDERS
No.            directions and
             Registrar's order
              with Signatures

                                  SPA No.607 of 2017
                                  Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Subhash Upadhyay, J. Ms. Mamta Bisht, learned Deputy Advocate General for the State/appellants.

2. None is present for the respondent.

3. There is a delay of 123 days in filing this special appeal.

4. Objection to delay condonation application is not filed. None is present on behalf of respondent to oppose the prayer for condonation of delay.

5. For the reasons indicated, Delay Condonation Application No.CLMA No.10609/2017 is allowed, delay in filing the special appeal is condoned.

6. This intra-court appeal is filed by the State challenging the judgment dated 24.03.2017 passed by learned Single Judge in Writ Petition No.1250(S/S) of 2015. By the said judgment, writ petition filed by the respondent was decided in terms of judgment rendered in WPSS No.1721 of 2015 and authorities were directed to pay minimum of pay scale along with grade pay, from due date and arrears thereof to the petitioner.

7. Learned counsel for the appellants submits that several writ petitions including writ petition filed by respondent, involving identical issue were decided by learned Single Judge and the judgments rendered by learned Single Judge in those writ petitions were upheld by Division Bench of this Court vide judgment dated 18.12.2020 rendered in SPA No.963 of 2017.

8. Learned counsel for the State fairly submits that judgment rendered by Division Bench in SPA No.963 of 2017 was challenged before the Hon'ble Supreme Court in Civil Appeal Nos.7181-7317 of 2021 which was dismissed vide order dated 15.10.2024.

9. Since similar judgment rendered by learned Single Judge has been upheld by Co-ordinate Bench and challenge thereto by the State has been repelled by Hon'ble Supreme Court, therefore, this Court do not find any reason to take a view different from the one, which has been affirmed by Hon'ble Supreme Court.

10. Thus, there is no scope for interference. The Special Appeal fails and is dismissed.

(Subhash Upadhyay,J.) (Manoj Kumar Tiwari, J.) 16.06.2025 Kaushal/SS