High CourtsDivision Bench(2021) 12 UK CK 0256

State Of Uttarakhand & Another vs Suresh Chandra Kavidayal & Others

Uttarakhand High Court · Decided on 24 December 2021

HON’BLE JUDGES
S.K. Mishra, J · N.S. Dhanik, J
RESULT
Dismissed
CASE NUMBER
Special Appeal No. 135 Of 2020

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Judgment

6 paragraphs · 203 words

S.K. Mishra, J

1.

Heard Mr. C.S. Rawat, the learned Chief Standing Counsel for the State, and Mr. M.C. Kandpal, learned Senior Counsel assisted by Mr. Harendra Belwal, learned counsel for the respondents.

2.

In this writ appeal, the State of Uttarakhand has challenged the order passed by the learned Single Judge in Writ Petition (S/S) No.1715 of 2018, dated 18.11.2019, whereby the learned Single Judge granted the benefit of counting the services the respondents as Ganna Gram Sewakfor the purpose of pensionary benefits in the post of Cane Supervisor.

3.

Mr. C.S. Rawat, the learned Chief Standing Counsel, at the outset, submits that in some other cases, the benefit has been granted to Ganna Gram Sewak, but there is an intelligible differentia in the sense that those persons were regular employees of the society.

4.

However, we do not consider it to be an intelligible differentia, as those persons were employees of the society which is definitely not synonymous with the State of Uttarakhand, and the present respondents were temporary employees of the State of Uttarakhand. So, there appears to be no merit in this intra-court appeal.

5.

Hence, we are not inclined to allow this Special Appeal. It is, hereby, dismissed.