STATE OF UTTARAKHAND Vs. PREM RAM

JUDGEMENT

(1.) The instant intra-court appeal is reported to be beyond time by 152 days. The cause shown for the delay is found to be sufficient. Accordingly, the delay is condoned. Delay Condonation Application is allowed. Office is directed to allot a regular number to the instant intra-court appeal.

(2.) The present intra-court appeal is directed against the order of the learned Single Judge dtd. 10/7/2025, passed in Writ Petition (S/S) No. 303/2024, whereby the Writ Petition filed by non-appellant no. 1-Prem Ram (hereinafter referred to as the "writ petitioner"), challenging a communication dtd. 8/10/2020, issued by the State, informing the petitioner that his name would not be included in the Government Employees' List, on account of the fact that in District Champawat their existed only one sanctioned post of Assistant Accountant, and which was held by Devendra Patni, and that upon his retirement, the said post stood dissolved, being part of a dying cadre, and for further relief for grant of pensionary benefits and other retiral dues, has been allowed.

(3.) The writ petitioner was appointed on the post of Junior Accounts Clerk by order dtd. 3/12/1985 in the undivided State of Uttar Pradesh. In the select list, the name of the petitioner was at Serial No. 1, whereas name of Devendra Patni was at Serial No.3. It seems that, at the time of division of the State of Uttar Pradesh, the writ petitioner as well as Devendra Patni opted for the State of Uttarakhand. On 10/7/2006, the appellant communicated its consent, allotting Devendra Patni to the State of Uttarakhand, while the matter relating to the writ petitioner remained pending. Ultimately, the request of the writ petitioner was allowed by the Advisory Committee and he was allocated to the State of Uttarakhand. On 8/4/2015, the writ petitioner was granted posting on the vacant post of Assistant Accountant in DRDA, Champawat. He was granted all financial benefits, as were available to a regular employee. The writ petitioner, ultimately, retired from the said post.