State of Uttarakhand through Its Principal Secretary, Vs Markendey Prasad Gupta — Uttarakhand HC (2025) — LawSathi Research

State of Uttarakhand through Its Principal Secretary, Vs Markendey Prasad Gupta — Uttarakhand HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

Whether the delay of 46 days in filing the special appeal should be condoned. +1 more

Court's answer

The delay of 46 days in filing the appeal is condoned and the delay condonation application (CLMA No.6309 of 2017) is allowed.

Ratio / Principle

In view of the consensus arrived at between the learned counsels for the parties, this special appeal is disposed of in terms of the judgment dated 22.02.2019 rendered in SPA No.263 of 2017 and other connected appeals.

Detailed headnote1 paragraphs

Special Appeal No.278 of 2017 (intra-court appeal) filed by the State of Uttarakhand and others against Markendey Prasad Gupta, challenging the common judgment dated 23.03.2017 of the learned Single Judge in Writ Petition (S/S) No.347 of 2016 and connected matters, which had allowed the writ petitions and directed payment/release of Dearness Allowance at par with the members of Kumaun Ban Shramik Sangh, Center at Ranikhet w.e.f. 21.03.2002 within 10 weeks with arrears, at interest @ Rs. 12% per annum (18% per annum until payment if not released). Office report noted a delay of 46 days; the delay was condoned and delay condonation application CLMA No.6309 of 2017 allowed. Learned State Counsel indicated that the Division Bench had already allowed the State's special appeals against the identical common judgment in SPA No.263 of 2017 (judgment dated 22.02.2019, copy produced and taken on record). Learned counsel for the respondent, Mr. Hem Chandra Joshi, conceded that the identical issue stood decided in Special Appeal no.263 of 2017 with similar Single Judge judgments set aside, and fairly submitted that this appeal could likewise be decided in terms of the judgment dated 22.02.2019. On the consensus arrived at between the learned counsels for the parties, judgment (per Hon'ble Mr. Manoj Kumar Tiwari, J., with Hon'ble Mr. Ashish Naithani, J.) dated 06 May 2025 disposes of this special appeal in terms of judgment dated 22.02.2019 rendered in SPA No.263 of 2017. Neutral citation: 2025:UHC:3524-DB.

2025:UHC:3524-DB

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

HON’BLE MR. MANOJ KUMAR TIWARI, J. HON’BLE MR. ASHISH NAITHANI, J

SPECIAL APPEAL No.278 of 2017

State of Uttarakhand & others …Appellants Versus Markendey Prasad Gupta …Respondent Counsel for the appellant/State : Mr. Sushil Vashistha, learned Standing Counsel. Counsel for respondent Mr. Hem Chandra Joshi, learned counsel.

JUDGMENT : ( PER HON’BLE MR. MANOJ KUMAR TIWARI. J)

As per office report, there is a delay of 46 days in filing the appeal.

For the reasons indicated in the delay condonation application (CLMA No.6309 of 2017), we condone the delay and allow the delay condonation application.

State has filed this intra court appeal challenging judgment dated 23.03.2017, rendered by learned Single Judge in Writ Petition (S/S) No.347 of 2016, and other connected matters. Operative portion of the impugned judgment is reproduced below:-

”18. Accordingly, in view of the observations and discussions made hereinabove, all the writ petitions are allowed. Respondents are directed to pay and release the Dearness Allowance to the petitioners at par with the members of Kumaun Ban Shramik Sangh, Center at Ranikhet w.e.f. 21.03.2002 within a period of 10 weeks from today with arrears. The petitioners shall be entitled to interest @ Rs. 12% per annum and if amount is not released to the petitioners, the petitioners shall be entitled to 18% interest per annum till the payment is made to them.”

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2025:UHC:3524-DB

Learned State Counsel submits that large number of petitions raising similar issues as were raised by respondents herein, were decided by learned Single Judge by a common judgment dated 23.03.2017, and the special appeals filed by State against said judgment were allowed by Division Bench of this Court in SPA No.263 of 2017, and other connected appeals. Copy of the judgment dated 22.02.2019, rendered in Special Appeal No.263 of 2017 and other connected appeals is produced in Court, which is taken on record.

Mr. Hem Chandra Joshi, learned counsel appearing for private respondents concedes that identical issue was decided by Division Bench of this Court in Special Appeal no.263 of 2017, and the similar judgment of learned Single Judge in favour of the writ petitioners were set aside. Thus, he fairly submits that this appeal can also be decided in terms of the judgment dated 22.02.2019 rendered in SPA No.263 of 2017, and other connected appeals.

In view of the consensus arrived at between the learned counsels for the parties, this special appeal is disposed of in terms of judgment dated 22.02.2019, rendered in SPA No.263 of 2017.

MANOJ KUMAR TIWARI. J.

ASHISH NAITHANI, J.

Dt:06^th May, 2025 NR/

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