IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 233 of 2010 Garhwal Anusuchit Janjati Vikas Nigam Ltd. and another ……… Appellants Versus Prakash Chandra Khanduri ……… Respondent Mr. U.K. Uniyal, Senior Advocate with Mr. Sandeep Kothari, Advocate for the appellants. Mr. Rajendra Dobhal, Senior Advocate with Mr. Manoj Sah, Advocate for the respondent. Date of Judgment: 27.12.2010 JUDGMENT Coram: Hon’ble Barin Ghosh, C.J. Hon’ble V.K. Bist, J. BARIN GHOSH, C.J. (ORAL) Delay Condonation Application No. 10637 of 2010 Learned counsel for the respondent does not object to the application for condonation of delay in preferring the special appeal. We have considered the averments made in the application and on being satisfied with the reasons furnished, we allow the application for condonation of delay. Special Appeal No. 233 of 2010 The writ petitioner – respondent was accorded a promotion to the post of Senior Clerk / Assistant. Appellant is not disputing grant of the said promotion. As a result of grant of the said promotion, respondent, in terms of the decision of the appellant dated 1st April, 1990, became entitled to the pay scale of Rs. 490 – 760 per month. Respondent was not given the said pay scale. He was given a different pay scale, which is less than the said pay scale. In the writ petition filed 11 years later, respondent claimed payment in the said pay scale as stood revised thereafter. In the counter affidavit, as appears from the order under appeal, it was contended that the respondent was not given the said pay on account of financial crisis of the appellant. Whether on the ground of financial crisis, 2 appellant could deny the respondent payment of salary in the promised pay scale, had not been gone in while the judgment under appeal was rendered. Instead, the appellant was directed to pay the said pay scale as approved on 1st April, 1990 and at the same time, it was held that thereby the disputes stand settled. 2. We think that the matter requires consideration and, in particular, whether the appellant could, in law, deny payment of the said pay scale of Rs. 490 – 760 to the respondent on the ground of financial crisis. 3. We, accordingly, set aside the order under appeal and remit back the matter. We request the writ Court to decide the writ petition at an early date taking into account the fact that the writ petition is of 2001 and seeks to resolve a dispute which cropped up on 1st April, 1990. (V.K. Bist, J.) (Barin Ghosh, C.J.) 27.12.2010 27.12.2010 Amit