State Of Uttarakhand And Others vs Vinod Singh Dev And Others

S.K. Mishra, J

In this intra-Court appeal, the State of Uttarakhand has assailed the order passed by the learned Single Judge on 17.12.2020 in Writ Petition (S/S) No. 1734 of 2020, whereby the Writ Petition of the writ petitioners-respondents herein was allowed supposedly on the concession made by the learned government pleader. It is further held that the prayer of the writ petitioners-respondents was covered by the judgment dated 15.11.2018 passed in Writ Petition (S/S) No. 1172 of 2009.

In the Writ Petition, wherefrom the present intra-Court Appeal arises, the petitioners had prayed for the following reliefs :-

“(i) Issue a writ, order or direction in the nature of mandamus commanding the respondent authority to treat the petitioners as a part of Police Headquarters Cadre and their candidature may be considered for being promoted to the post of SI(M) in the Police Headquarters Cadre.

(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent authorities to extend the benefit of order dated 24.06.2020 issued by respondent no.2 to the petitioners also as they were also promoted to the post of ASI (M) along with the writ petition’s WPSS No. 1172 of 2009.”

We have carefully examined the judgment passed in the connected allegedly covering judgment. It is apparent from the judgment itself that the petitioners in that case, who were working in the Police Headquarters cadre, filed the said Writ Petition for their absorption in the Headquarters’ cadre.

Admittedly, in this case, the respondents-writ petitioners were working in the District Police, and not in the Headquarters. So, on the face of the record, the facts in this case, and the case, which was relied upon by the learned Single Judge, are different. It is submitted that, since the learned government pleader made a concession on the basis of which the order impugned has been passed, the present intra-Court appeal is not maintainable. We are of the view that if the learned government pleader, without proper instructions from the concerned department, makes a factually wrong statement, then the said statement is not binding in the Court.

In that view of the matter, and in view of the fact that the Writ Petition was allowed on the very first date without even affording a reasonable opportunity to the State Government to file its counter-affidavit, the order impugned is not sustainable and is liable to be set-aside. We further hold that the learned Single Judge should give adequate opportunity to the State of Uttarakhand i.e. the appellants before us to file counter-affidavit and decide the matter afresh.

In that view of the matter, the present intra-Court Appeal is, hereby, allowed. The order impugned passed by the learned Single Judge dated 17.12.2020 is set-aside, and the matter is remanded back to the learned Single Judge with the observation that an adequate opportunity of filing counter-affidavit should be afforded to the State of Uttarakhand and the concerned authorities, and after such opportunity, the matter may be decided afresh strictly on merits.

The matter on remand may be listed before the assigned Bench.

In sequel thereto, all pending applications stand disposed of.

Urgent certified copy of this judgment be provided to the learned counsel for the parties, as per Rules.