STATE ELECTION COMMISSION Vs. BHOPAL CHANDRA PANCHOLI

JUDGEMENT

(1.) The application, seeking condonation of delay of 17 days in preferring this appeal, is not opposed by Mr. Aditya Singh, learned counsel for respondent-writ petitioner, and the delay is, therefore, condoned. Delay condonation application is, accordingly, disposed of.

(2.) Heard Mr. Sanjay Bhatt, learned counsel for the appellants, Mr. Aditya Singh, learned counsel for the respondent-writ petitioner and Mr. C.S. Rawat, learned Additional Chief Standing Counsel for the State of Uttarakhand and, with their consent, the Special Appeal is being disposed of at the stage of admission.

(3.) Facts, not in dispute, are that the respondent-writ petitioner was appointed as a Class IV employee in the Nagar Palika, Pithoragarh on 1/4/1985. His services were subsequently retrenched and he was, thereafter, absorbed by the State Government on 19/10/1996 in terms of the Government Order dtd. 5/2/1996. The respondent-writ petitioner was granted the benefit of the promotional pay-scale on 2/12/2000, and was thereafter extended the benefit of the 2nd ACP on 10/3/2014, which the appellants now claim was given by mistake. The 3rd ACP of the respondent-writ petitioner, which fell due 26 years after he joined service, was rejected on the ground that his services were required to be reckoned from the date of his absorption i.e. 19/10/1996 and not from 1/4/1985 when he was, undoubtedly, employed by the Nagar Palika, Pithoragarh.