Citation : 2025 Latest Caselaw 4853 UK
Judgement Date : 14 October, 2025
2025:UHC:9118-DB
HIGH COURT OF UTTARAKHAND AT NAINITAL
HON'BLE THE CHIEF JUSTICE MR. G. NARENDAR
AND
HON'BLE SRI JUSTICE SUBHASH UPADHYAY
14TH OCTOBER, 2025
SPECIAL APPEAL NO. 320 OF 2025
Kanta Prasad ...Appellant
Versus
State of Uttarakhand and others. ..Respondents
Counsel for the appellant : Mr. Amar Murti Shukla and Mr. Ankurit
Raj David, learned counsel.
Counsel for the respondents : Mr. P.C. Bisht, learned Additional Chief
Standing Counsel for the State of
Uttarakhand / respondent Nos. 1 to 3.
Mr. Shivam Raturi, learned counsel
holding brief of Mr. Shailendra Nauriyal,
learned counsel for respondent No. 4.
JUDGMENT :
(per Mr. G. Narendar, C.J.)
Heard learned counsel for the appellant.
2. It is the case of the appellant that by oversight the
Government Order dated 08.07.2022, more particularly
Paragraph-2, which prescribes five years' service as a criteria
for being eligible to avail of study leave has not been
challenged and that merely the rejection order, i.e. the
proceedings, rejecting the Application for NOC and study
leave alone has been challenged.
3. In that view, learned counsel for the appellant
prays leave to withdraw the Appeal and file a fresh and
comprehensive petition challenging both the impugned order
and Paragraph-2 of the Government Order dated 08.07.2022.
4. Reserving such liberty, the Appeal stands dismissed
2025:UHC:9118-DB
as withdrawn.
5. Pending application, if any, also stands dismissed
accordingly.
________________
G. NARENDAR, C.J.
___________________ SUBHASH UPADHYAY, J.
Dt: 14th October, 2025 Rathour
PRAVINDRA Digitally signed by PRAVINDRA SINGH RATHOUR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,
SINGH 2.5.4.20=23699ccc2fd40ad81b6fd13323779d9e3aeb1 097d17dbb53d481cabd25946eed, postalCode=263001, st=UTTARAKHAND, serialNumber=1F65499E931DF71CDAF92A40CC6179
RATHOUR B8E010331BA695239171F906FD5C45C4E8, cn=PRAVINDRA SINGH RATHOUR Date: 2025.10.16 10:45:05 +05'30'
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