STATE OF UTTARAKHAND THROUGH ITS PRINCIPAL SECRETARY FOREST DEPARTMENT v. RASPAL SINGH

Court: High Court of Uttarakhand

Bench: HON'BLE MR. JUSTICE MANOJ KUMAR TIWARI

Judgment date: 2020-12-18

Case summary

High Court of Uttarakhand judgment dated 2020-12-18. STATE OF UTTARAKHAND THROUGH ITS PRINCIPAL SECRETARY FOREST DEPARTMENT v. RASPAL SINGH. Read the...

Judgment text

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 963 of 2017 State of Uttarakhand and others ....... Appellants Vs. Raspal Singh and others ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondents’ counsel Shri Hem Chandra Joshi. With Special Appeal No. 617 of 2015 State of Uttarakhand and others ....... Appellants Vs. Smt. Jyoti ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Ganesh Kandpal, learned counsel for the respondent. with Special Appeal No. 623 of 2015 State of Uttarakhand and others ....... Appellants Vs. Km. Pooja ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Ganesh Kandpal, learned counsel for the respondent. With Special Appeal No. 121 of 2016 State of Uttarakhand and others ....... Appellants Vs.

Mohan Dass and others ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondents’ counsel Shri Hem Chandra Joshi. With Special Appeal No. 128 of 2016 State of Uttarakhand and others ....... Appellants Vs. Daulat Singh alias Dinesh and others ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondents’ counsel Shri Hem Chandra Joshi. With Special Appeal No. 525 of 2017 State of Uttarakhand and others ....... Appellants Vs. Ranjeet Kumar ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No. 526 of 2017 State of Uttarakhand and others ....... Appellants Vs. Basant Lal ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants.

Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No. 527 of 2017 State of Uttarakhand and others ....... Appellants Vs. Chand Ram and another ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondents’ counsel Shri Hem Chandra Joshi. With Special Appeal No. 551 of 2017 State of Uttarakhand and others ....... Appellants Vs. Surendra Datt Nautiyal and others ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondents’ counsel Shri Hem Chandra Joshi. With Special Appeal No. 552 of 2017 State of Uttarakhand and others ....... Appellants Vs. Matwar Singh and another ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondents’ counsel Shri Hem Chandra Joshi.

With Special Appeal No. 554 of 2017 State of Uttarakhand and others ....... Appellants Vs. Salim and another ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondents’ counsel Shri Hem Chandra Joshi. With Special Appeal No. 557 of 2017 State of Uttarakhand and others ....... Appellants Vs. Ratan Singh and another ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Pankaj Miglani, learned counsel for the respondents. With Special Appeal No. 558 of 2017 State of Uttarakhand and others ....... Appellants Vs. Somendra Pal and others ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondents’ counsel Shri Hem Chandra Joshi. With Special Appeal No. 559 of 2017 State of Uttarakhand and others ....... Appellants Vs.

Jeet Singh ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No. 560 of 2017 State of Uttarakhand and others ....... Appellants Vs. Gambhir Dass and others ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondents’ counsel Shri Hem Chandra Joshi. With Special Appeal No. 562 of 2017 State of Uttarakhand and others ....... Appellants Vs. Raju alias Rajendra Thapa ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No. 571 of 2017 State of Uttarakhand and others ....... Appellants Vs. Pramod Singh Rana ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants.

Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No. 573 of 2017 State of Uttarakhand and others ....... Appellants Vs. Bharat Singh and others ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondents’ counsel Shri Hem Chandra Joshi. With Special Appeal No. 574 of 2017 State of Uttarakhand and others ....... Appellants Vs. Utam Lal and another ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondents’ counsel Shri Hem Chandra Joshi. With Special Appeal No. 583 of 2017 State of Uttarakhand and others ....... Appellants Vs. Sompal ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No.

584 of 2017 State of Uttarakhand and others ....... Appellants Vs. Chet Ram ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No. 585 of 2017 State of Uttarakhand and others ....... Appellants Vs. Jasvir Singh Chauhan ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No. 597 of 2017 State of Uttarakhand and others ....... Appellants Vs. Kamal Singh Rawat and others ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondents’ counsel Shri Hem Chandra Joshi. With Special Appeal No. 598 of 2017 State of Uttarakhand and others ....... Appellants Vs.

Umesh Tewari ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No. 599 of 2017 State of Uttarakhand and others ....... Appellants Vs. Smt. Tulsi Bisht ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No. 601 of 2017 State of Uttarakhand and others ....... Appellants Vs. Dhan Singh ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Shivanand Bhatt, learned counsel for the respondent. With Special Appeal No. 611 of 2017 State of Uttarakhand and others ....... Appellants Vs. Bhuban Singh and another ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants.

Shri Bhupesh Kandpal, learned counsel appearing for the respondents’ counsel Shri Hem Chandra Joshi. With Special Appeal No. 651 of 2017 State of Uttarakhand and others ....... Appellants Vs. Ranbir Singh Rawat ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No. 657 of 2017 State of Uttarakhand and others ....... Appellants Vs. Anuj Singh Rawat ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Niranjan Bhatt, learned counsel for the respondent. With Special Appeal No. 660 of 2017 State of Uttarakhand and others ....... Appellants Vs. Sunder Singh and another ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Niranjan Bhatt, learned counsel for the respondents. With Special Appeal No. 689 of 2017 State of Uttarakhand and others ....... Appellants Vs.

Jaibir Singh and another ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondents’ counsel Shri Hem Chandra Joshi. With Special Appeal No. 690 of 2017 State of Uttarakhand and others ....... Appellants Vs. Prem Singh ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No. 692 of 2017 State of Uttarakhand and others ....... Appellants Vs. Shaktidhar Prasad and others ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondents’ counsel Shri Hem Chandra Joshi. With Special Appeal No. 694 of 2017 State of Uttarakhand and others ....... Appellants Vs. Smt. Randei ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants.

Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No. 695 of 2017 State of Uttarakhand and others ....... Appellants Vs. Radheshyam ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No. 703 of 2017 State of Uttarakhand and others ....... Appellants Vs. Smt. Sulochana Joshi ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No. 705 of 2017 State of Uttarakhand and others ....... Appellants Vs. Sant Ram ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No.

706 of 2017 State of Uttarakhand and others ....... Appellants Vs. Prem Dass and others ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondents’ counsel Shri Hem Chandra Joshi. With Special Appeal No. 707 of 2017 State of Uttarakhand and others ....... Appellants Vs. Smt. Tasmati and another ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondents’ counsel Shri Hem Chandra Joshi. With Special Appeal No. 709 of 2017 State of Uttarakhand and others ....... Appellants Vs. Ranbir Singh ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No. 710 of 2017 State of Uttarakhand and others ....... Appellants Vs.

Mahendra Singh ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No. 712 of 2017 State of Uttarakhand and others ....... Appellants Vs. Sambhu Singh and another ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Niranjan Bhatt, learned counsel for the respondents. With Special Appeal No. 714 of 2017 State of Uttarakhand and others ....... Appellants Vs. Sukh Das and others ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondents’ counsel Shri Hem Chandra Joshi. With Special Appeal No. 715 of 2017 State of Uttarakhand and others ....... Appellants Vs. Veer Singh ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants.

Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No. 716 of 2017 State of Uttarakhand and others ....... Appellants Vs. Raju and another ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondents’ counsel Shri Hem Chandra Joshi. With Special Appeal No. 717 of 2017 State of Uttarakhand and others ....... Appellants Vs. Babu Ram ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No. 718 of 2017 State of Uttarakhand and others ....... Appellants Vs. Vatan Singh ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No.

719 of 2017 State of Uttarakhand and others ....... Appellants Vs. Man Dass ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No. 720 of 2017 State of Uttarakhand and others ....... Appellants Vs. Ghema and another ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondents’ counsel Shri Hem Chandra Joshi. With Special Appeal No. 721 of 2017 State of Uttarakhand and others ....... Appellants Vs. Smt. Sumitra Devi and another ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondents’ counsel Shri Hem Chandra Joshi. With Special Appeal No. 722 of 2017 State of Uttarakhand and others ....... Appellants Vs.

Anil ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No. 729 of 2017 State of Uttarakhand and others ....... Appellants Vs. Balam Singh ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Harendra Belwal, learned counsel for the respondent. With Special Appeal No. 730 of 2017 State of Uttarakhand and others ....... Appellants Vs. Pan Singh ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Harendra Belwal, learned counsel for the respondent. With Special Appeal No. 731 of 2017 State of Uttarakhand and others ....... Appellants Vs. Tarsem Singh ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No.

747 of 2017 State of Uttarakhand and others ....... Appellants Vs. Bhuma Devi and others ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Rahul Consul, learned counsel for the respondents. With Special Appeal No. 749 of 2017 State of Uttarakhand and others ....... Appellants Vs. Smt. Sulochana ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No. 750 of 2017 State of Uttarakhand and others ....... Appellants Vs. Kallu Lal ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No. 751 of 2017 State of Uttarakhand and others ....... Appellants Vs. Kamal Singh and another ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants.

Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No. 757 of 2017 State of Uttarakhand and others ....... Appellants Vs. Vajeer Ahmad and another ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No. 758 of 2017 State of Uttarakhand and others ....... Appellants Vs. Ram Kishan and others ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Harendra Belwal, learned counsel for the respondents. With Special Appeal No. 759 of 2017 State of Uttarakhand and others ....... Appellants Vs. Kripal Singh ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No.

771 of 2017 State of Uttarakhand and others ....... Appellants Vs. Prakash Chandra and others ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondents’ counsel Shri Hem Chandra Joshi. With Special Appeal No. 773 of 2017 State of Uttarakhand and others ....... Appellants Vs. Manoj Sharma ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No. 775 of 2017 State of Uttarakhand and others ....... Appellants Vs. Gabbar Singh and others ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondents’ counsel Shri Hem Chandra Joshi. With Special Appeal No. 777 of 2017 State of Uttarakhand and others ....... Appellants Vs.

Pramod Kumar ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No. 778 of 2017 State of Uttarakhand and others ....... Appellants Vs. Arjun Singh Negi ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No. 779 of 2017 State of Uttarakhand and others ....... Appellants Vs. Mani Ram and another ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondents’ counsel Shri Hem Chandra Joshi. With Special Appeal No. 780 of 2017 State of Uttarakhand and others ....... Appellants Vs. Bishan Singh ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants.

Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No. 785 of 2017 State of Uttarakhand and others ....... Appellants Vs. Dev Raj ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No. 796 of 2017 State of Uttarakhand and others ....... Appellants Vs. Jai Prakash Dobhal ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No. 797 of 2017 State of Uttarakhand and others ....... Appellants Vs. Sukhdev and another ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondents’ counsel Shri Hem Chandra Joshi. With Special Appeal No.

799 of 2017 State of Uttarakhand and others ....... Appellants Vs. Pratap Singh and others ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondents’ counsel Shri Hem Chandra Joshi. With Special Appeal No. 820 of 2017 State of Uttarakhand and others ....... Appellants Vs. Ganesh ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No. 822 of 2017 State of Uttarakhand and others ....... Appellants Vs. Trilok Rawat ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No. 823 of 2017 State of Uttarakhand and others ....... Appellants Vs. Smt.

Basanti Devi ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No. 824 of 2017 State of Uttarakhand and others ....... Appellants Vs. Hukam Singh ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No. 825 of 2017 State of Uttarakhand and others ....... Appellants Vs. Smt. Asha Devi and another ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondents’ counsel Shri Hem Chandra Joshi. With Special Appeal No. 828 of 2017 State of Uttarakhand and others ....... Appellants Vs. Rajendra Singh Rawat ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants.

Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No. 832 of 2017 State of Uttarakhand and others ....... Appellants Vs. Baldev Singh Chauhan and others ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondents’ counsel Shri Hem Chandra Joshi. With Special Appeal No. 834 of 2017 State of Uttarakhand and others ....... Appellants Vs. Smt. Biru Devi ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No. 841 of 2017 State of Uttarakhand and others ....... Appellants Vs. Balbir Singh ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No.

843 of 2017 State of Uttarakhand and others ....... Appellants Vs. Vijay Singh Negi and another ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondents’ counsel Shri Hem Chandra Joshi. With Special Appeal No. 844 of 2017 State of Uttarakhand and others ....... Appellants Vs. Yashpal Tomar ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No. 845 of 2017 State of Uttarakhand and others ....... Appellants Vs. Smt. Vimla Devi and others ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondents’ counsel Shri Hem Chandra Joshi. With Special Appeal No. 846 of 2017 State of Uttarakhand and others ....... Appellants Vs.

Raghuveer Singh ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No. 848 of 2017 State of Uttarakhand and others ....... Appellants Vs. Smt. Vimla Devi ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No. 853 of 2017 State of Uttarakhand and others ....... Appellants Vs. Kamla Devi and others ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Niranjan Bhatt, learned counsel for the respondents. With Special Appeal No. 854 of 2017 State of Uttarakhand and others ....... Appellants Vs. Vijay Pal Singh Kaintura and others ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Niranjan Bhatt, learned counsel for the respondents.

With Special Appeal No. 859 of 2017 State of Uttarakhand and others ....... Appellants Vs. Mohan ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Niranjan Bhatt, learned counsel for the respondent. With Special Appeal No. 797 of 2017 State of Uttarakhand and others ....... Appellants Vs. Sukhdev and another ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondents’ counsel Shri Hem Chandra Joshi. With Special Appeal No. 866 of 2017 State of Uttarakhand and others ....... Appellants Vs. Dayal Singh ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Niranjan Bhatt, learned counsel for the respondent. With Special Appeal No. 869 of 2017 State of Uttarakhand and others ....... Appellants Vs. Ajay Pal Singh and others ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants.

Shri Niranjan Bhatt, learned counsel for the respondents. With Special Appeal No. 880 of 2017 State of Uttarakhand and others ....... Appellants Vs. Daleep Singh Rawat ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Mahendra Singh Rawat, learned counsel for the respondent. With Special Appeal No. 882 of 2017 State of Uttarakhand and others ....... Appellants Vs. Dinesh Rawat ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No. 885 of 2017 State of Uttarakhand and others ....... Appellants Vs. Rajendra Singh and another ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondents’ counsel Shri Hem Chandra Joshi. With Special Appeal No. 888 of 2017 State of Uttarakhand and others ....... Appellants Vs.

Daya Kishan ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No. 906 of 2017 State of Uttarakhand and others ....... Appellants Vs. Katku and others ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondents’ counsel Shri Hem Chandra Joshi. With Special Appeal No. 907 of 2017 State of Uttarakhand and others ....... Appellants Vs. Ilam Kumar ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Niranjan Bhatt, learned counsel for the respondent. With Special Appeal No. 909 of 2017 State of Uttarakhand and others ....... Appellants Vs. Balveer ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Niranjan Bhatt, learned counsel for the respondent. With Special Appeal No.

964 of 2017 State of Uttarakhand and others ....... Appellants Vs. Raj Bahadur ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Khalil Ahmad, learned counsel for the respondent. With Special Appeal No. 965 of 2017 State of Uttarakhand and others ....... Appellants Vs. Liyakat Ali ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No. 966 of 2017 State of Uttarakhand and others ....... Appellants Vs. Dhan Singh and others ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Ganesh Kandpal, learned counsel for the respondents. With Special Appeal No. 993 of 2017 State of Uttarakhand and others ....... Appellants Vs. Smt. Guddi Devi ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants.

Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri H. C. Joshi. With Special Appeal No. 1010 of 2017 State of Uttarakhand and others ....... Appellants Vs. Suraj Lal and others ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Ganesh Kandpal, learned counsel for the respondents. With Special Appeal No. 1028 of 2017 State of Uttarakhand and others ....... Appellants Vs. Munna Khan and others ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Vinay Kumar, learned counsel for the respondents. With Special Appeal No. 1029 of 2017 State of Uttarakhand and others ....... Appellants Vs. Narendra Singh and another ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Vinay Kumar, learned counsel for the respondents. With Special Appeal No. 1030 of 2017 State of Uttarakhand and others ....... Appellants Vs.

Mahendra Singh and others ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Vinay Kumar, learned counsel for the respondents. With Special Appeal No. 1031 of 2017 State of Uttarakhand and others ....... Appellants Vs. Anand Singh and others ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Vinay Kumar, learned counsel for the respondents. With Special Appeal No. 1032 of 2017 State of Uttarakhand and others ....... Appellants Vs. Kuber Singh and others ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Vinay Kumar, learned counsel for the respondents. With Special Appeal No. 1033 of 2017 State of Uttarakhand and others ....... Appellants Vs. Trilok Ram and others ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Vinay Kumar, learned counsel for the respondents. With Special Appeal No. 1039 of 2017 State of Uttarakhand and others .......

Appellants Vs. Bhaguli Devi ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Vinay Kumar, learned counsel for the respondent. With Special Appeal No. 1040 of 2017 State of Uttarakhand and others ....... Appellants Vs. Gopal Ram ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri G. D. Joshi, learned counsel for the respondent. With Special Appeal No. 1072 of 2017 State of Uttarakhand and others ....... Appellants Vs. Bablu and another ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondents’ counsel Shri Hem Chandra Joshi. With Special Appeal No. 1075 of 2017 State of Uttarakhand and others ....... Appellants Vs. Maideen ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No.

1077 of 2017 State of Uttarakhand and others ....... Appellants Vs. Mohan Dass and others ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondents’ counsel Shri Hem Chandra Joshi. With Special Appeal No. 43 of 2018 State of Uttarakhand and others ....... Appellants Vs. Deepak Kumar ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri H. C. Joshi. With Special Appeal No. 56 of 2018 State of Uttarakhand and others ....... Appellants Vs. Govind Singh Tomar and another ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondents’ counsel Shri Hem Chandra Joshi. With Special Appeal No. 58 of 2018 State of Uttarakhand and others ....... Appellants Vs.

Gajendra Singh Chauhan and another ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondents’ counsel Shri Hem Chandra Joshi. With Special Appeal No. 60 of 2018 State of Uttarakhand and others ....... Appellants Vs. Puran ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No. 61 of 2018 State of Uttarakhand and others ....... Appellants Vs. Kalyan Singh and others ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondents’ counsel Shri Hem Chandra Joshi. With Special Appeal No. 67 of 2018 State of Uttarakhand and others ....... Appellants Vs. Deepak Kumar and another ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants.

Shri Bhupesh Kandpal, learned counsel appearing for the respondents’ counsel Shri Hem Chandra Joshi. With Special Appeal No. 69 of 2018 State of Uttarakhand and others ....... Appellants Vs. Vinod Singh ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No. 71 of 2018 State of Uttarakhand and others ....... Appellants Vs. Ajab Singh ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No. 73 of 2018 State of Uttarakhand and others ....... Appellants Vs. Virendra Chand ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No.

74 of 2018 State of Uttarakhand and others ....... Appellants Vs. Pradeep Nautiyal and another ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondents’ counsel Shri Hem Chandra Joshi. With Special Appeal No. 76 of 2018 State of Uttarakhand and others ....... Appellants Vs. Dhirpal Singh ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondents’ counsel Shri Hem Chandra Joshi. With Special Appeal No. 77 of 2018 State of Uttarakhand and others ....... Appellants Vs. Sarjeet Singh and others ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Ganesh Kandpal, learned counsel for the respondents. With Special Appeal No. 78 of 2018 State of Uttarakhand and others ....... Appellants Vs. Chandra Pal Singh ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants.

Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No. 84 of 2018 State of Uttarakhand and others ....... Appellants Vs. Prakash Singh Khanayat and others ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Ganesh Kandpal, learned counsel for the respondents. With Special Appeal No. 85 of 2018 State of Uttarakhand and others ....... Appellants Vs. Khyali Ram ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Manoj Mohan, learned counsel for the respondent. With Special Appeal No. 86 of 2018 State of Uttarakhand and others ....... Appellants Vs. Pyar Singh and another ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondents’ counsel Shri Hem Chandra Joshi. With Special Appeal No. 88 of 2018 State of Uttarakhand and others ....... Appellants Vs.

Suresh alias Santosh and others ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Ganesh Kandpal, learned counsel for the respondents. With Special Appeal No. 96 of 2018 State of Uttarakhand and others ....... Appellants Vs. Dharmanand ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No. 120 of 2018 State of Uttarakhand and others ....... Appellants Vs. Jagdish Fulara and others ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Vinay Kumar, learned counsel for the respondents. With Special Appeal No. 122 of 2018 State of Uttarakhand and others ....... Appellants Vs. Shri Ramesh Chandra Singh and others ………Respondents Shri Pradeep Joshi, learned standing counsel for the appellants. Shri M. C. Pant, learned counsel for the respondents. With Special Appeal No.

124 of 2018 State of Uttarakhand and others ....... Appellants Vs. Sobat Ram ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No. 127 of 2018 State of Uttarakhand and others ....... Appellants Vs. Mohan Singh ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri Hem Chandra Joshi. With Special Appeal No. 218 of 2018 State of Uttarakhand and others ....... Appellants Vs. Ranveer Singh ………Respondent Shri Pradeep Joshi, learned standing counsel for the appellants. Shri Bhupesh Kandpal, learned counsel appearing for the respondent’s counsel Shri H. C. Joshi. th 18 December, 2020 Coram : Hon’ble Ravi Malimath, A. C. J. Hon’ble Alok Kumar Verma, J. Ravi Malimath, A. C. J.

(Oral) A batch of writ petitions were disposed off by a common order dated 23. 03. 2017 passed by the learned Single Judge in WPSS No. 1585 of 2015 and other connected matters. The question raised therein was with regard to payment of the minimum of the pay-scale as is available to the counterparts in the government until and unless their services are regularized and are given regular scale of pay as well as the matter pertaining to dearness allowance. The writ petitions were held in favour of the writ petitioners. The same was challenged in a series of special appeals before the Division Bench of the Hon’ble High Court of Uttarakhand. The Division Bench vide its order dated 20. 05. 2019 modified the order passed by the learned Single Judge and directed the appellants therein to consider the claim of the respondents-writ petitioners, in the light of the law declared by the Hon’ble Supreme Court in the cases of The State of Punjab vs.

Joginder Singh reported in AIR 1963 SC 913, Zabar Singh and others vs. The State of Haryana and others reported in (1972)2 SCC 275, State of Bihar and others vs. The Bihar Secondary Teachers Struggle Committee, Munger (Order in Civil Appeal No. 4862 of 2019 dated 10. 05. 2019) and State of Punjab and others vs. Jagjit Singh and others reported in (2017)1 SCC 148, for being extended the minimum of the regular pay scales applicable to persons holding regular posts, bearing in mind the Government Order dated 08. 10. 2018 referred to hereinabove. The entire exercise, culminating in a decision being taken, and a reasoned order being passed, in that regard was directed to be completed at the earliest and in any event, not later than four months from the date of production of a certified copy of the order.

The Division Bench thereafter clarified that such of the respondents-writ petitioners, to whom the minimum of the regular pay scales has already been extended, shall be continued to be extended the said benefit, till the appellant-State undertakes and completes the exercise, as directed hereinabove, of determining whether or not the respondents-writ petitioners are entitled to be extended the benefit of the minimum of the regular scales of pay, and thereafter, disposed off the appeals. Some of the matters were challenged before the Hon’ble Supreme Court one such case is Civil Appeal Nos. 1486-1487 of 2020. 2. In terms of the order passed by the Hon’ble Supreme Court dated 12. 02. 2020, the civil appeals were disposed off in the following terms:- Leave granted. On hearing learned counsel for the parties and perusing the pleadings and affidavits, learned counsel for the appellant confined the relief to grant of minimum pay scale as is available to their counterparts in Government.

He submits that what th is being paid is on the basis of 6 Pay Commission while the directions passed in State of U. P. & Ors. v. Putti Lal- (2006) 9 SCC 337 makes it quite clear that what has to be granted is “minimum of the pay scale as is available to his counter part in the Government until his services are regularized and he is given regular scale of pay. ” Insofar as the aspect of dearness allowance is concerned, learned senior counsel initially sought to rest his case on the judgment pertaining to Uttar Pradesh but then stated that even the State of Uttarakhand, the State in question has given dearness allowance in certain cases. Suffice for us to say that if dearness allowance is being given to other daily wagers, naturally the State will not discriminate the daily wagers on this aspect.

We are in agreement with the claim of learned counsel that in view of the judgment referred to aforesaid the minimum of the pay-scale as is defined is with reference to the counter parts in the Government holding the Government posts. Thus, if th the 7 Pay Commission is implemented (as is conceded) qua the regular employees, the workers like the appellants would be entitled to the minimum of the pay-scale of those regular Government employees of the Group D posts. The Appeals are accordingly disposed of in terms thereof. CIVIL APPEAL NOS. 1488-1490/2020 [ @ SLP (C) No. 25803-25805/2019] None appears for the appellants. The matters were tagged with Civil Appeal Nos. 1486- 1487/2020 @ SLP [C] NOS. 11651-11652/2019 which have been disposed of today. Leave granted. The present appeals also stand disposed of in terms of the order passed in Civil Appeal- Nos. 1486-1487/2020 @ SLP [C] NOS. 11651- 11652/2019. 3.

The learned standing counsel for the State as well as the learned counsel for the respondents submit that the matter can be disposed off in terms of the order dated 12. 02. 2020 passed by the Hon’ble Supreme Court. 4. In view of the submissions made, by following the order dated 12. 02. 2020 passed by the Hon’ble Supreme Court of India in Civil Appeal Nos. 1486-1487 of 2020, these appeals are disposed off. (Alok Kumar Verma, J. ) (Ravi Malimath, A. C. J. ) SK/S. K.

Source: High Court of Uttarakhand. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.