Allahabad High Court
State Of U.P. Thru. Secy. Revenue Dept. ... vs Mohd. Usman Ansari on 6 September, 2019
Bench: Pankaj Kumar Jaiswal, Jaspreet Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 1 Case :- SPECIAL APPEAL DEFECTIVE No. - 383 of 2019 Appellant :- State Of U.P. Thru. Secy. Revenue Dept. Lko. & Ors. Respondent :- Mohd. Usman Ansari Counsel for Appellant :- C.S.C. Counsel for Respondent :- Rama Kant Dixit Hon'ble Pankaj Kumar Jaiswal,J.
Hon'ble Jaspreet Singh,J.
Heard Sri Mohit Jauhari, learned counsel for the State-appellant and Sri Rama Kant Dixit, learned counsel for the respondent on the C.M.A. No.103503 of 2019 as well as on the question of admission of appeal.
This Special Appeal has been filed by the State-appellants beyond time by 242 days against the Judgement and Order dated 27.11.2018 passed in Service Single No. 619 of 2014 (Mohd. Usman Ansari Vs. State of U.P. and others), whereby the learned Writ Court partly allowed the writ petition and directed the State-appellants to provide all service benefits and retiral dues as claimed and permissible as per law to the writ petitioner-respondent treating him to be in regular service w.e.f. 05.06.1986 in terms of the order passed in Writ Petition No. 1235 (SS) of 2011 within a period of eight weeks from the date of production of a certified copy of the order.
The learned Writ Court considering the the Judgement and Order dated 19.08.2006 passed in Writ Petition No. 4031 (S/S) of 2011 (Pratap Narain Pandey Vs. State of U.P. and others) as well as order dated 06.09.2011 passed in Writ Petition No. 1235 (S/S) of 2011 filed by the petitioner-respondent, came to the conclusion, that in earlier round of litigation direction has been issued by the learned Writ Court for granting all the service benefits to the respondent except back wages on the principle of no work-no pay, which order has attained finality on 08.08.2014 when the Special Appeal Defective No. 110 of 2012 filed by the State was dismissed, therefore the learned Writ Court directed to provide all the service benefits and retiral benefits as claimed by the writ petitioner-respondent treating him to be regular in service with effect from 05.06.1986 within a period of eight weeks from the date of production of a certified copy of the order.
It is not in dispute that the writ petitioner-respondent was granted benefits of the Judgement and Order 19.08.2006 passed in Writ Petition No. 4031 (S/S) of 2001 by means of the order dated 06.09.2011 passed in the writ petition filed by the writ petitioner-respondent being Writ Petition No. 1235 (S/S) of 2011 and the Special Appeal filed by the State being Special Appeal Defective No. 110 of 2012 has been dismissed vide Judgement and order dated 08.08.2014, thus the Judgement and order dated 19.08.2006 and 06.09.2011 has attained finality and therefore, the respondent is entitled for all the service benefits and retiral dues treating him to be in regular service from 05.06.1986.
On due consideration of the aforesaid, we are of the considered view that the learned Writ Court has rightly allowed the writ petition filed by the writ petitioner-respondent and directed the State-appellants to provide all the benefits in terms of order passed in the Writ Petition No. 1235 (S/S) of 2011 and The State-appellant has full knowledge of the impugned Judgement and order and therefore, no case is condoning the delay is made.
Accordingly, the C.M.A. No.103503 of 2019, the application for condoning the delay in filing the special appeal is dismissed.
Consequently, the Special Appeal is also dismissed.
[Jaspreet Singh,J.] [Pankaj Kumar Jaiswal,J.] Order Date :- 6.9.2019/S.Ali