State of Uttarakhand and others. Vs Ranjeet Singh Adhikari

There is a delay of 54 days in filing this appeal. In the circumstances and after hearing the learned counsel for the parties, the delay will stand condoned. The Delay Condonation Application no. 7426 of 2017 will stand allowed.

By the impugned judgment, the learned Single Judge has disposed of the writ petition at the admission stage and directed the appellants to consider the case of the writ petitioner/ respondent, herein, and to grant benefit of increment and promotional pay scales, if he has rendered requisite years of service.

Complaint of the appellant is that no opportunity was given to the appellant to file counter affidavit and matter was disposed of at the admission stage, with the direction afore-stated.

We considered the same complaint in Special Appeal No. 380 of 2017 and we see no reason to take a different view in this appeal also. Accordingly, we only modify the judgment by making it clear that the appellants need to consider the case of the writ petitioner for the benefit in accordance with law. We also make it clear that we have not pronounced on the merits of the application of the writ petitioner.

The appeal is, accordingly, disposed of.