State of Uttarakhand v. Kailash Chandra Joshi

Reser v ed On : 0 8 .0 8 .2 0 2 4

Deliv er ed On : 1 0 .0 9 .2 0 2 4 I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL HON'BLE THE CHI EF JUSTI CE MS. RI TU BAHRI AND HON'BLE SRI JUSTI CE ALOK KUMAR VERMA

SPECI AL APPEAL NO. 3 7 OF 20 2 4 State of Uttarakhand and Others

…... Appellants. Shanti Devi

SPECI AL APPEAL NO. 3 9 OF 20 2 4 Balpa Devi

…. Respondents. w it h

SPECI AL APPEAL NO. 4 6 OF 20 2 4 Ratan Singh

SPECI AL APPEAL NO. 4 8 OF 20 2 4 Durga Devi

SPECI AL APPEAL NO. 4 9 OF 20 2 4 Kailash Chandra Joshi and Another

…. Respondents. SPECI AL APPEAL NO. 6 6 OF 20 2 4 Prema Devi

SPECI AL APPEAL NO. 7 7 OF 20 2 4 Chanar Singh Gaira

SPECI AL APPEAL NO. 7 8 OF 20 2 4 Mohan Singh

SPECI AL APPEAL NO. 7 9 OF 20 2 4 Bachey Singh

SPECI AL APPEAL NO. 8 0 OF 20 2 4 Dhyan Singh

SPECI AL APPEAL NO. 8 1 OF 20 2 4 Chandan Singh

Cou n sel for t h e appellan t / st at e: Mr. C.S. Rawat, learned CSC, assisted by Mr. Gajendra Tripathi, learned brief Holder. Cou n sel for t h e Respon den t s: Mr. Harendra Belwal, learned Counsel in SPA No. 77 of 2024 and SPA No. 81 of 2024. Th e Cou r t m ade t h e follow in g: JUDGMENT:( per Hon 'b le t h e Ch ief Ju st ice Ms. Rit u Bah r i)

These Special Appeals are filed by the State of Uttarakhand ("hereinafter referred as the appellants)against the judgment of the learned Single Judge dated 17.12.2021, Whereby the learned single Judge issued the writ of mandamus and directed the respondents to grant the regular status to those daily wagers to whom the regular status was not provided till they have respectively attainted their age of superannuation and as a consequence of grant of the status of regularization, the respondentswere directed to consider and determine the retiral benefits payable to the petitioners alongwith the arrears on the basis of the benefits, which they would have been otherwise entitled as a grant of their regularisation in the light of the principles laid down under the Rules of 2003 and their regularization would be treated as to be the regularization with effect from 20.06.1991.Since the same judgment is challenged in these special appeals, we are considering Special Appeal No. 37 of 2024 for the sake of brevity.

2.

The facts in the writ petition before the learned Single Judge are such that the petitioner was engaged as daily wager in the forest department since 01.09.1982. The Petitioner has been retired from the department on attaining the age of superannuation. The Petitioner has worked in the department for more than 33 years continuously but she has been retired without giving any retiral benefits.

3.

The same judgment was challenged in SPA 200 of 2022 "State of Uttarakhand and others Versus Gauri Dutt and others", where the coordinate bench of this court delivered the judgment vide order dated 05.09.2024, whereby the judgment passed by the learned single judge was modified as under: - "6. In the present case, the judgment passed by the learned single judge is being modified to the effect that benefit of the regularization cannot be given with effect from 20.06.1991, and the same has to be given from the notional date of regularization when they had retired and all the services by them before regularization will be counted towards pension."

4.

Therefore, The judgment delivered by the learned Single Judge is being modified to specify that the benefit of regularization shall not take effect from 20.06.1991. Instead, it will be effective from the notional date of regularization, which coincides with their retirement. Furthermore, all services rendered prior to their regularization will be considered for pension purposes.

5.

Consequently, the appeals are disposed of, in view of the above terms.

__________________ (RITU BAHRI, C.J.)

______________________ (ALOK KUMAR VERMA, J.)

NR NITESH RAWA T DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

2.5.4.20=bea38a9cb7bca67cc3988a d93d563d95c70eb77fatiea4758e401 cf436bdce9fb, postalCode=263001, st=UTTARAKHAND, serialNumber=F691686B3C447434E 89897BCDC0B6567DCE4B7108B324 FFED3C8A159F3BDD03C, cn=NITESH RAWAT Date: 2024.09.21 11:55:53 +05'30'