Allahabad High Court
State Of U.P.Throu.Prin.Secy.Of Food & ... vs Kaushal Kumar Mishra And Another on 28 November, 2019
Bench: Pankaj Kumar Jaiswal, Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 1 Case :- SPECIAL APPEAL DEFECTIVE No. - 547 of 2019 Appellant :- State Of U.P.Throu.Prin.Secy.Of Food & Civil Supply & Ors. Respondent :- Kaushal Kumar Mishra And Another Counsel for Appellant :- C.S.C. Counsel for Respondent :- R.S.Dubey Hon'ble Pankaj Kumar Jaiswal,J.
Hon'ble Alok Mathur,J.
Present appeal is barred by limitation from 31 days.
Heard Sri Nagendra Kumar Dwivedi, learned Standing Counsel for the State appellants on C.M.A. No. 139429 of 2019, an application for condonation of delay in filing of present appeal as well as on the question of admission.
By the order impugned the learned Writ Court in the light of the judgment and order passed by a Division Bench of this Court in Writ Petition No. 58438 of 2015 [Kanta Prasad Kannaujia Vs. State of U.P. and others] on 12.12.2017, allowed the writ petition and directed the appellants to grant the benefit of inclusion of past services rendered by them in U.P. Chal Chitra Nigam for consideration of retiral dues.
Brief facts of the case are that the respondents/writ petitioners were appointed in the Chal Chitra Nigam in the year 1980 and 1981 respectively till its Binding up. After its closure a Government Order was issued on 06.03.1990 and on humanitarian grounds they were given protection of the last pay drawn and the employees of the Nigam is directed to be absorbed in various department. The respondents/writ petitioners were absorbed in the government department from that date they will be treated to be government servant and all the rules and regulations applicable to the government servants will be applicable to them and their past services rendered in the Nigam be included for post retiral dues. The issue involved in the writ petition has already been dealt with and settled in number of writ petitions as mentioned by the learned Writ Court in order dated 02.05.2019.
On due consideration of the aforesaid and the fact that the view taken by Division Bench of this Court in Writ Petition No. 58438 of 2015 has been upheld by the Apex Court by dismissing the S.L.P. filed by the State Government, we are of the considered view that the directions issued by learned Writ Court are just and proper and there is no requirement of interference by us.
Delay condonation application as well as special appeal is dismissed, accordingly.
[ Alok Mathur, J. ] [ Pankaj Kumar Jaiswal, J. ] Order Date :- 28.11.2019 Shekhar