STATE OF UTTARAKHAND AND OTHERS Vs. PRASHANT KUMAR SHARMA AND OTHERS
LAWS(UTN)-2012-4-96
HIGH COURT OF UTTARAKHAND
Decided on April 16,2012

State of Uttarakhand and others Appellant
VERSUS
Prashant Kumar Sharma And Others Respondents

JUDGEMENT

Barin Ghosh, C.J. - (1.) CONSIDERING the question that has been raised in the instant appeal, we feel that 119 days' delay in preferring the appeal should be condoned, although, as pointed out in the objection, reasons for delay, as furnished in the application for condonation of delay (CLMA No. 1116 of 2012), are not convincing. Accordingly, we allow the application for condonation of delay in preferring the appeal and thereby, condone the delay in preferring the appeal. Heard the learned counsel for the parties.
(2.) RESPONDENTS were engaged as trainee fireman on 1st January, 2008. They completed three months' training on 31st March, 2008, however, until 31st March, 2009, they were paid stipend. Contending that the respondents are entitled to salary from 1st April, 2008, they filed a writ petition. That writ petition has been allowed only on the ground that on 31st March, 2008, respondents were granted certificate, as contemplated in Section 6 of the Uttar Pradesh Fire Services Act, 1944 (hereinafter referred to as 'the Act'), when, in fact, no such certificate was ever accorded in favour of the respondents. In their supplementary affidavit filed before the writ court, respondents contended that the order dated 31st March, 2008 is such certificate. A reading of the said document will amply make it clear that the same is not a certificate as contemplated in Section 6 of the Act. In the circumstances, judgment and order under appeal is not sustainable. We proposed to dispose of the appeal after hearing the rival contentions of the parties. Learned counsel appearing on behalf of the respondents submitted that since other aspects have not been gone in by the writ court, let the matter be remitted back to the writ court. We, accordingly, allow the appeal, set aside the judgment and order under appeal and remit back the matter to the writ court.;


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