Bar Council of Uttarakhand & Anr. vs Surendra Kumar Sharma

(per Mr. Manoj Kumar Gupta, C.J.)

The present intra-court appeal is directed against the order of learned Single Judge dated 09.09.2026, in Writ Petition (S/S) No.2349 of 2026, filed by the non-appellant herein. In the said writ petition, the non-appellant had challenged the Resolution of the Bar Council of Uttarakhand dated 28.06.2025, office order dated 04.09.2025 and the consequential letter dated 07.08.2026, issued by Bar Council of Uttarakhand for implementing the Bar Council Resolution.

Non-appellant is a Class-IV employee of the Bar Council of Uttarakhand. It appears that earlier he was getting the Grade Pay of Rs.2,400/-, but subsequently, his salary was fixed in the Grade Pay of Rs.4,200/-. According to the Bar Council, the same was a result of manipulation on part of the non-appellant and, therefore, it issued a notice on 04.05.2023 to the non-appellant seeking his explanation as to why Grade Pay of Rs.4,200/- be not withdrawn.

The said notice was challenged by the non-appellant by filing Writ Petition (S/S) No.731 of 2023, and in the said writ petition, a learned Single Judge passed an interim order on 18.05.2023 in favour of non-appellant directing that till the next date of listing, salary of non-appellant would not be reduced. The notice issued to the non-appellant was also stayed. Consequently, the non-appellant continued to get Rs.4,200/- as Grade Pay.

By the impugned Resolution No.35 dated 28.06.2025, the Bar Council of Uttarakhand had considered the claim of four employees for grant of Annual Salary Increment, Deepawali bonus and Dearness Allowance, in respect of whom, certain litigations are pending before different forums. In respect of the non-appellant, the Resolution records that the matter relating to fixation of his salary is pending before the Court. In respect of other employees, there is mention of other disputes pending between them and the Bar Council of Uttarakhand. The Board, accordingly, resolved that till disputes are pending, the employees would not be paid Annual Salary Increment, Deepawali bonus and Dearness Allowance.

Aggrieved thereby, non-appellant preferred the writ petition bearing Writ Petition (S/S) No.2349 of 2026, wherein the learned Single Judge, by the order impugned, has stayed the operation of the Resolution of the Bar Council, dated 28.06.2025, office order dated 04.09.2025 and has directed that the petitioner would be entitled to get the service benefits as he was getting prior to the impugned Resolution No.35, dated 28.06.2025.

Mr. Rajendra Dobhal, learned Senior Counsel appearing for the appellants submits that the learned Single Judge, by way of interim order, has granted final relief which, according to him, ought not to have been granted. He further submits that the non-appellant had succeeded in getting salary at the Grade Pay of Rs.4,200/-, although, earlier he was getting the Grade Pay of Rs.2,400/-. According to him, it is a result of manipulation and fraud on part of the non-appellant. He submits that the Bar Council, therefore, gave a show-cause notice to him so that the wrongful fixation of his salary is corrected, but the same was challenged by the non-appellant in Writ Petition (S/S) No.731 of 2023, and wherein he succeeded in getting an interim order. He further submits that in view of the interim order, the non-appellant is still being paid salary in the Grade Pay of Rs.4,200/-.

The contention is that since the non-appellant is being paid salary in Grade Pay of Rs.4,200/- solely on basis of interim order and the writ petition is still to be decided, therefore, in the event, the writ petition is dismissed, it would become difficult for the Bar Council of Uttarakhand to recover the excess amount paid to the non-appellant. He submits that in such circumstances, the learned Single Judge has erred in passing the interim order, which has the effect of granting final relief without considering all relevant aspects of the matter.

Mr. Arvind Vashisht, learned Senior Counsel appearing for the non-appellant does not dispute that the non-appellant, prior to fixation of his salary in Grade Pay of Rs.4,200/-, was getting Grade Pay of Rs.2,400/- and now on basis of interim order only he continues to draw salary in Grade Pay of Rs.4,200/-. He does not dispute that in the event the writ petition filed by the non-appellant is dismissed, or it is ultimately held that his fixation in the Grade Pay of Rs.4,200/- was erroneous, a huge amount would become recoverable from the non-appellant. In such circumstances, he also very fairly states that he has no objection in case the present writ petition is directed to be heard along with previous writ petition bearing Writ Petition (S/S) No.731 of 2023, so that the dispute relating to fixation of salary of the non-appellant is finally decided and dependent upon the same, Annual Salary Increment and other allowances are paid to the non-appellant.

In our opinion, the aforesaid course would subserve the ends of justice and would also balance the equities and interest of both the parties. Accordingly, the order of learned Single Judge dated 09.09.2026 is, hereby, set-aside. Writ Petition (S/S) No.731 of 2023 along with Writ Petition (S/S) No.2349 of 2026 shall be heard and decided by the learned Single Judge together. The appellants shall file counter-affidavit to the writ petition of non-appellant bearing Writ Petition (S/S) No.2349 of 2026, within two weeks, so that on the next date fixed in the case, the present writ petition along with Writ Petition (S/S) No.731 of 2023 are heard and decided together. Dependent upon the outcome of the same, Annual Salary Increment and other allowances of the non-appellant shall be paid to him.

Mr. Rajendra Dobhal, learned Senior Counsel appearing for the appellants states that the appellants would also take decision regarding reimbursement of medical bills of the non-appellant in compliance of the previous orders of this Court in various writ petitions, within a period of four weeks.

His statement is, accordingly, recorded.

The special appeal stands disposed of accordingly.

Pending application, if any, also stands disposed of.