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Supreme Court - Daily Orders

The State Of Uttarakhand vs Aneeta Devi on 4 November, 2022

Bench: Chief Justice, Bela M. Trivedi

                                           1

     ITEM NO.18                   COURT NO.1                  SECTION X

                         S U P R E M E C O U R T O F      I N D I A
                                 RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (C)         No(s).   18372/2022

     (Arising out of impugned final judgment and order dated 28-07-2022
     in SA No. 18/2022 passed by the High Court Of Uttarakhand At
     Nainital)

     STATE OF UTTARAKHAND & ORS.                              Petitioner(s)

                                          VERSUS

     ANEETA DEVI & ORS.                                        Respondent(s)

     (FOR ADMISSION and I.R. and IA No.156917/2022-EXEMPTION FROM FILING
     C/C OF THE IMPUGNED JUDGMENT and IA No.156918/2022-EXEMPTION FROM
     FILING O.T. )

     WITH
     SLP(C) No. 18345/2022 (X)
     (FOR ADMISSION and I.R. and IA No.156704/2022-EXEMPTION FROM FILING
     C/C OF THE IMPUGNED JUDGMENT and IA No.156703/2022-EXEMPTION FROM
     FILING O.T.)

      SLP(C) No. 18343/2022 (X)
     (FOR ADMISSION and I.R. and IA No.156696/2022-EXEMPTION FROM FILING
     C/C OF THE IMPUGNED JUDGMENT and IA No.156695/2022-EXEMPTION FROM
     FILING O.T.)

      SLP(C) No. 18348/2022 (X)
     ( IA No.156733/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED
     JUDGMENT and IA No.156732/2022-EXEMPTION FROM FILING O.T.)

      SLP(C) No. 18369/2022 (X)
     ( IA No.156902/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED
     JUDGMENT and IA No.156901/2022-EXEMPTION FROM FILING O.T.)

      SLP(C) No. 18518/2022 (X)
     ( IA No.157574/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED
     JUDGMENT and IA No.157573/2022-EXEMPTION FROM FILING O.T.)

      SLP(C) No. 18300/2022 (X)
     (FOR ADMISSION and I.R. and IA No.156248/2022-EXEMPTION FROM FILING
     C/C OF THE IMPUGNED JUDGMENT and IA No.156247/2022-EXEMPTION FROM
Signature Not Verified


     FILING O.T.)
Digitally signed by
Indu Marwah
Date: 2022.11.05
12:30:42 IST
Reason:


      SLP(C) No. 18276/2022 (X)
     (FOR ADMISSION and I.R. and IA No.155919/2022-EXEMPTION FROM FILING
     C/C OF THE IMPUGNED JUDGMENT and IA No.155918/2022-EXEMPTION FROM
     FILING O.T.)
                                     2


Date : 04-11-2022 This petition was called on for hearing today.

CORAM :
           HON'BLE THE CHIEF JUSTICE
           HON'BLE MS. JUSTICE BELA M. TRIVEDI


For Petitioner(s)    Dr. Abhishek Atrey, AOR
                     Mr. Krishnam Mishra, Adv.
                     Ms. Ambika Atrey, Adv.
                     Mr. Akash Giri, Adv.
                     Mr. Vinod Yadav, Adv.
For Respondent(s)

            UPON hearing the counsel the Court made the following
                               O R D E R

Learned counsel appearing for the petitioners submit that after the executive order dated 05.03.2014, the State Legislature has enacted the Uttarakhand Martyr’s Dependent Ex-Gratia Grant Act, 2020 (Act No.05 of 2021) which in sub-Section 1(2) states as under:

“(2) It shall be applicable to the widows/dependents of such martyrs of war, border skirmishes and internal security duties serving in Defiance Forces or Para Military Forces who attained martyrdom in said operations on or after 05 March 2014 and are permanent residents of the State of Uttarakhand.” It is submitted that in the face of this legislation, the High Court has sought to give effect to the G.O. dated 05.03.2014 and extend the benefit thereunder to cases which had arisen even prior to 05.03.2014.
Issue notice, returnable on 09.12.2022. Status quo be maintained in the meanwhile.
(INDU MARWAH)                                         (VIRENDER SINGH)
COURT MASTER (SH)                                      BRANCH OFFICER