2026:UHC:733-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE SRI MANOJ KUMAR GUPTA AND HON’BLE SRI JUSTICE SUBHASH UPADHYAY SPECIAL APPEAL NO. 1035 OF 2017 10TH FEBRUARY, 2026 State of Uttarakhand & others …… Appellants Versus Ishwari Dutt Joshi (since deceased) substituted through legal heirs …… Respondents Counsel for the appellants : Mr. Puran Singh Bisht, learned Additional Chief Standing Cousnel for the State Counsel for the respondents : Mr. Tribhuwan Chandra Pandey, learned counsel The Court made the following: JUDGMENT: (per Sri Manoj Kumar Gupta, C.J.) Delay Condonation Application CLMA No. 15992 of 2017 1) Heard counsel for the parties. 2) Delay of 189 days in filing the appeal is satisfactorily explained in the affidavit filed in support of 1 2026:UHC:733-DB the delay condonation application. Accordingly, delay is condoned. Office is directed to allot a regular number to the instant appeal. SPECIAL APPEAL NO. 1035 OF 2017 3) Heard learned counsel for the parties. 4) This intra-court Appeal is filed by the State challenging the judgment dated 01.05.2017 passed by learned Single Judge in Writ Petition (S/S) No. 50 of 2015. By the said judgment, writ petition filed by the respondents was decided in terms of the judgment rendered in Writ Petition (S/S) No. 1721 of 2015, and respondents were directed to pay minimum of the pay scale, along with grade pay from due date and arrears thereof to the petitioner. 5) Learned counsel for the parties are unanimous on the point that large number of petitions, including the writ petition filed by the respondents, involving identical issue, were decided by learned Single Judge and the judgment rendered by learned Single Judge in those petitions were upheld by Division Bench of this Court, vide judgment dated 18.12.2020, rendered in SPA No. 963 of 2017. 2 2026:UHC:733-DB 6) Learned counsel for the parties further submit that against the judgment rendered by Division Bench in SPA No. 963 of 2017, SLP filed by the State was converted to Civil Appeal Nos. 7181-7317 of 2021 and the same were dismissed by Hon’ble Supreme Court, vide order dated 15.10.2024. 7) Since it is agreed by learned counsel for the parties that judgment rendered by a learned Single Judge on the identical issue has been affirmed right up to Hon’ble Supreme Court, therefore, this Court cannot take a view different from the one, which has been affirmed upto Hon’ble Supreme Court. 8) Thus, there is no scope for interference. The Special Appeal fails and is dismissed. _______________________ MANOJ KUMAR GUPTA, C.J. _________________ SUBHASH UPADHYAY, J. Dt: 10TH FEBRUARY, 2026 Negi 3 HIMANS HU NEGI Digitally signed by HIMANSHU NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=bb3b60774012c1ef1dae20d13a af116e73351fdaf6878326386908a7f90d5 757, postalCode=263001, st=UTTARAKHAND, serialNumber=75BD9D0FB7F4A80990FC 51A722A6BC552D470EB4FD2F88DDF7C1 8DB2A1524A4D, cn=HIMANSHU NEGI Date: 2026.02.13 11:41:57 +05'30'