State Of Uttarakhand And Three Others vs Surendar Giri

Raghvendra Singh Chauhan, CJ

This Special Appeal is delayed by 919 days. No sufficient cause has been shown for filing this Special Appeal, after inordinate and unacceptable

delay of 919 days. Therefore, this Court is not inclined to condone the delay.

Even on merits, the appellants do not have a good case. The writ-petitioners had filed the writ petition contending that they were not being paid the

same pay-scales, which were being paid to the regularly appointed Class-IV employees. Despite the fact that the pay-scales were revised on the

recommendation of the Sixth Pay Commission, the monetary benefits were not paid to the writ petitioners till 23.03.2011.

Before the learned Single Judge, the State conceded that the writ-petitioners were, indeed, entitled to be granted the revised pay-scale from

01.01.2006. However, due to the financial crunch, the writ-petitioners were not paid their rightful dues till 23.03.2011. It is because a concession was

made by the State Government that the learned Single Judge was justified in granting the relief to the writ-petitioners.

Moreover, it never lies in the mouth of the State to claim that it has financial crunch. Therefore, it will deny the rightful dues to its employees. The

State is a model employer and in a catena of cases, the Hon’ble Supreme Court has clearly opined that financial constraints are not a valid

argument, which can be raised before the Court of law.

This Court does not find any illegality or perversity in the impugned order and, hence, the Special Appeal is, hereby, dismissed.

No order as to costs.

In sequel thereto, pending application, if any, stands disposed of.