State of Uttarakhand and others vs Devendra Singh and others

Manoj Kumar Tiwari, J.

There is delay of 55 days’ in filing this Special Appeal. Mr. M.C. Pant, learned counsel for the respondents submits that he does not propose to

file any objection to Delay Condonation Application No. 10498 of 2018.

Cause shown for delay is sufficient. Accordingly, the Delay Condonation Application No. 10498 of 2018 is allowed. Delay in filing Special Appeal is

condoned.

In this Special Appeal, the judgment and order dated 25.04.2018, passed by learned Single Judge of this Court in Writ Petition No. 475 of 2016 (S/S),

has been challenged. The operative portion of the judgment impugned in this Special Appeal is extracted hereunder :-

“Accordingly, the present petition is disposed of. The respondents are directed to re-consider the case of the petitioners in view of the ratio laid

down in the judgment cited hereinabove, within ten weeks from today, being wholly uninfluenced by the earlier decision.â€​

The respondents/writ petitioners were engaged on adhoc basis as Drivers in Uttarakhand Public Service Tribunal. Their services were subsequently

regularized in the year 2013. The respondents / writ petitioners are claiming some benefits in the light of the judgment rendered by Hon’ble Apex

Court in the case of Sheo Narain Nagar and others Vs. State of U.P. and others reported in 2017 SCC Online SC 1502.

As is apparent from the operative portion of the judgment extracted above, there is no positive direction and the only direction which was issued to the

appellants / State was to reconsider the case of the writ petitioners in the light of law laid down by Hon’ble Supreme Court in the aforesaid

judgment.

In such view of the matter, we find no reason to interfere with the impugned judgment. The Special Appeal fails and is hereby dismissed.