SPA/473/2015
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Uttarakhand High Court

SPA/473/2015 on 6 May, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                   2025:UHC:3521-DB
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                               SPA/473/2015
                               With
                               SPA/474/2015
                               Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Ashish Naithani, J.

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

1. Mr. G.S. Negi, learned Additional C.S.C. for the State of Uttarakhand/appellant.

2. Mr. Deep Chandra Joshi, learned counsel for the respondent in SPA No.

3. Since common questions of fact and law are involved in both the appeals, therefore, these appeals are clubbed together and are being heard & decided together. However, for the sake of brevity and convenience, facts of SPA No. 473 of 2015 alone are being considered.

4. This intra-court appeal is directed against the judgment dated 25.11.2014 passed by learned Single Judge in WPSS No. 1913 of 2014. Learned Single Judge decided the petition in terms of judgment dated 19.07.2013 passed in WPSS No. 199 of 2009. Operative portion of the judgment rendered in WPSS No. 199 of 2009, is reproduced below:-

"2. The petitioner, on the other hand, contends that after the creation of the State of Uttarakhand and in the present structure adopted in Uttarakhand, there is no post of Chief Jail Warder and therefore the petitioner is liable to be promoted to Sub-Jailor or given the next higher scale of Sub Jailor. Learned State counsel admits that in Uttarakhand there is no post of 2025:UHC:3521-DB Chief Jail Warder but still justifies giving the pay- scale of Chief Jail Warder to the petitioner, as the post continues to be on the books!

3. This contention of the respondent seems to be arbitrary particularly in view of the fact that there is a recommendation of Pay Committee to the Government that the two posts be merged in Uttarakhand. In view of the above, since there is no post of Chief Jail Warder, the next higher post or pay scale after 24 years of service, which is of Sub Jailor, is liable to be given to the petitioner.

4. Writ petition succeeds and is hereby allowed. Mandamus is issued to the respondents to give the petitioner the pay-scale of ₹5000-8000 from the date he has completed 24 years of service."

5. Perusal of the impugned judgment reveals that the writ petition, filed by the respondent, was decided in terms of judgment dated 19.07.2013 rendered by learned Single Judge in WPSS No. 199 of 2009.

6. Learned State Counsel has produced the judgment dated 18.09.2018 rendered in SPA No. 211 of 2014, which was filed by the State, challenging the judgment rendered in WPSS No. 199 of 2009.

7. Since the judgment rendered in WPSS No. 199 of 2009 has been affirmed by coordinate Bench of this Court in SPA No. 211 of 2014, therefore, we are not persuaded to take different view in these appeals. Thus, there is no scope for interference with the impugned judgment.

8. Accordingly, special appeals are dismissed.

(Ashish Naithani, J.) (Manoj Kumar Tiwari, J.) 06.05.2025 Aswal NITI RAJ SINGH

DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF

2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512

ASWAL ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE5 8A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.05.07 14:18:36 -07'00' 2025:UHC:3521-DB