Supreme Court - Daily Orders
State Of U.P. vs Subash Yadav on 17 April, 2017
Bench: Adarsh Kumar Goel, Uday Umesh Lalit
ITEM NO.36 COURT NO.13 SECTION XI
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). 7928/2013
(Arising out of impugned final judgment and order dated 02/11/2010
in SA No. 1794/2010 passed by the High Court Of Judicature at
Allahabad)
STATE OF U.P. & ORS. Petitioner(s)
VERSUS
SUBASH YADAV & ANR. Respondent(s)
(With interim relief and office report)
Date : 17/04/2017 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ADARSH KUMAR GOEL
HON'BLE MR. JUSTICE UDAY UMESH LALIT
For Petitioner(s) Mr. Pramod Swarup,Sr.Adv.
Mr. Utkarsh Jaiswal,Adv.
Ms. Alka Sinha,Adv.
Mr. Anuvrat Sharma,Adv.
Mr. M. R. Shamshad,Adv.
For Respondent(s) Dr. J. P. Dhanda,Adv.
Ms. Raj Rani Dhanda,Adv.
Mr. Vineet Dhanda,Adv.
Mr. N.A. Usmani,Adv.
Mr. Dushyant Parashar,Adv.
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The appeal is allowed in terms of the signed order.
(Madhu Bala) (Veena Khera) Court Master Court Master Signature Not Verified (Signed order is placed on the file) Digitally signed by MADHU BALA Date: 2017.04.20 15:46:56 IST Reason: IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.5328 OF 2017 (@ SPECIAL LEAVE PETITION (CIVIL) NO. 7928 OF 2013) STATE OF U.P. & ORS. ...APPELLANT(S) VERSUS SUBASH YADAV & ANR. ...RESPONDENT(S) O R D E R Leave granted.
Heard learned counsel for the parties. In view of the fact that respondent no. 1 was not even eligible at the time of the death of his father and the application for compassionate appointment was made after sixteen years of death, the direction in the impugned order cannot be sustained.
Accordingly, we set aside the impugned order and allow the appeal.
Pending application(s), if any, shall also stand disposed of.
…....................J. [ADARSH KUMAR GOEL] NEW DELHI …....................J. 17TH APRIL, 2017 [UDAY UMESH LALIT]