State Of Uttarakhand & Ors. ... ... vs Tula Singh
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Uttarakhand High Court

State Of Uttarakhand & Ors. ... ... vs Tula Singh on 3 June, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                2025:UHC:4453-DB


             Special Appeal No. 319 of 2018

State of Uttarakhand & Ors.                    ... Appellants

                             Versus

Tula Singh                                   ... Respondent

     Mr.   Sushil   Vashistha,  Standing     Counsel,  for     the
     State/appellants.
     Mr. M.C. Kandpal, Senior Advocate, for the respondent.

                        JUDGMENT

Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Subhash Upadhyay, J.

(Per: Hon'ble Manoj Kumar Tiwari, J.)

For the reasons indicated in the delay condonation application (CLMA 5950/2018), the same is allowed. Delay in filing this appeal is condoned.

2. This intra-Court appeal is directed against the judgment and order dated 23.3.2017, passed by learned Single Judge in Writ Petition (SS) No. 686 of 2015. By the said judgment, the authorities were directed to regularize the petitioners in service on the basis of their seniority, as and when the posts become available. It was further directed that till the services of petitioners are regularized, authorities shall pay at least minimum of the pay scale to writ petitioners along with admissible allowances.

3. Learned State Counsel submits that a number of writ petitions, including Writ Petition (SS) No. 671 of 2015, were decided by a common judgment, which is impugned in this special appeal. He further submits that judgment rendered in Writ

2025:UHC:4453-DB Petition (SS) No. 671 of 2015 was challenged in Special Appeal No. 299 of 2018 and coordinate Bench of this Court modified the impugned judgment. Para 11 of the said judgment is extracted below:

"11. Having regard to these submissions, we are inclined to modify the judgment passed by the learned Single Judge in the following manner:

We add words "in accordance with the Rules of 2003 and also taking into consideration the law laid down by the Apex Court" in the penultimate paragraph of the judgment after the words "when the posts become available".

As far as the last paragraph, itself, is concerned, having regard to what we have said earlier in our judgment, the same cannot be sustained. Accordingly, we also set aside the last paragraph of the judgment."

4. Learned State Counsel submits that this appeal may also be decided in terms of the judgment rendered in Special Appeal No. 299 of 2018 and other connected appeals.

5. Learned Senior Counsel appearing for the respondent fairly submits that he has no objection if the special appeal is decided in terms of the judgment rendered in Special Appeal No. 299 of 2018.

6. We, accordingly, dispose of this special appeal in terms of the judgment rendered in Special Appeal No. 299 of 2018 and impugned judgment is modified in terms of para 3 of this judgment.

(Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.)

3.6.2025 Pr

PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957 BE53, cn=PRABODH KUMAR Date: 2025.06.08 14:58:28 +05'30'

2025:UHC:4453-DB