High Court · 2025

Mr. B.S. Bisht , learned counsel holding brief of Mr. D.S. Pat ni, learned Senior Counsel for t he appellant s. Mr. Bhagwat Mehra and Mr. Mahendra Singh Rawat , learned counsel for t he respondent s. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - H o n ’ b l e M a n o j K u m a r Ti w a r i , J. H o n ’ b l e Su b h a sh Up a d h y a y , J. ( Pe r : H o n ’ b l e M a n o j K u m a r Ti w a r i , J.) JUD GM EN T There is delay of 78 and 85 days respect ively in filing t hese special appeals. 1

2. Obj ect ion t o delay condonat ion applicat ions has not been filed by respondent s. For t he reasons indicat ed in t he affidavit s filed in support of delay condonat ion applicat ions, t he sam e are allowed and delay in filing t hese special appeals is condoned.

3. Mr. Bhagwat Mehra, learned counsel subm it s t hat he has been inst ruct ed t o appear on behalf of respondent in connect ed SPA No.528 of 2018 also; he is perm it t ed t o file his vakalat nam a in t he Regist ry during course of t he day.

4. Since com m on quest ions of law and fact are involved in t hese special appeals, t herefore, t hey are heard t oget her and are being decided by t his com m on j udgm ent . However, for t he sake of brevit y, fact s of Special Appeal No.527 of 2018, alone are being considered and discussed.

5. Ut t arakhand Pey Jal Nigam has filed t his int ra- court appeal challenging final order dat ed 07.03.2018 passed by learned Single Judge in WPSS No.1010 of

2014. The im pugned j udgem ent is ext ract ed below: - “ The respondent - Nigam has t aken conscious decision t o grant Assured Carrier Progression ( ACP) t o t he em ployees, who have com plet ed requisit e qualifying service. Though, t he decision was t aken on 01.01.2012 but as per clause cont ained t he decision, t he not ional benefit s were t o be grant ed t o t he em ployees benefit s w.e.f. 01.09.2008. The pet it ioner had ret ired on 30.11.2009 aft er 01.09.2008. He was eligible t o be gr ant ed not ional benefit w.e.f. 01.09.2008 as per decision dat ed 01.01.2012. I n t he count er affidavit , it is adm it t ed t hat t he pet it ioner would be grant ed not ional benefit s alongwit h consequent ial benefit s i.e. pensionary / ret iral benefit s: 2 Accordingly, t he writ pet it ion is disposed of wit h t he direct ion t o t he respondent s t o grant not ional benefit s i.e. benefit s pensionary/ ret iral benefit s t he pet it ioner w.e.f. 01.09.2008, wit hin a period of t en weeks from t oday. consequent ial t o alongw it h Pending applicat ion; if any , st ands disposed of.”

6. Learned counsel for appellant s subm it t hat respondent ( Sat ish Chandra Mait hani) ret ired from post of ‘Sanganak’ on 30.11.2009 and as per decision t aken by Board of Direct ors on 13.01.2012, t he act ual benefit of ACP was t o be given t o em ployees of Ut t arakhand Pey Jal Nigam w.e.f. 01.01.2012, however, not ional benefit was m ade adm issible t o t hem from due dat e. Thus, he subm it s t hat since respondent ret ired on 30.11.2009, t herefore, direct ion issued by learned Single Judge t o grant him consequent ial benefit s, including ret iral dues, is unsust ainable.

7. We find subst ance in t he subm ission m ade by learned counsel for t he appellant . I n t he order dat ed

24.01.2012 ( enclosed as Annexure No.3 t o t he writ pet it ion) issued by Direct or ( Finance) , Ut t arakhand Pey Jal Sansadhan Vikas Evam Nirm an Nigam , it is provided t hat t he schem e of ACP shall be m ade effect ive from

01.01.2012, alt hough not ional benefit m ay be given from due dat e.

8. Since in Governm ent Order dat ed 30.11.2011 t here was a st ipulat ion t hat decision regarding grant of ACP has t o be t aken by Board of Direct ors and Board of Direct ors of Ut t arakhand Pey Jal Nigam in it s m eet ing held on 13.01.2012 decided t o grant ACP only w.e.f.

01.01.2012, t herefore, direct ion issued by learned Single Judge t o grant consequent ial benefit s int erfereable. Thus, we set aside t he direct ion issued by 3 learned Single Judge t o grant consequent ial benefit s on account of grant of ACP not ionally w.e.f. 01.09.2008.

9. Thus Special Appeal is part ly allowed.

10. Ut t arakhand Pey Jal Nigam shall com put e benefit s which respondent is ent it led t o in t erm s of t he decision t aken by Board of Direct ors, wit hin t hree m ont hs from t he dat e of receiving a cert ified copy of t his order and adm issible benefit s shall be released t o t he respondent wit hin t hree m ont hs t hereaft er. ( Su b h a sh Up a d h y a y , J.) ( M a n o j K u m a r Ti w a r i , J.) 22.07.2025 SS SUKHBANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=71978f9c61bfde0ba69967c787b1764ea7bc7dd129a8a6 380d49b1885e628615, postalCode=263001, st=UTTARAKHAND, serialNumber=2D8B71B8D8E345F6B7F95B1DD4FB4BEBD2B7D7 2C42261361AED33172F152148D, cn=SUKHBANT SINGH 4