Allahabad High Court
Prayagraj Development Authority And ... vs Dinesh Chandra Mishra And Another on 17 May, 2025
Author: Manoj Kumar Gupta
Bench: Manoj Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:82861-DB IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD Court No. - 21 Case :- SPECIAL APPEAL DEFECTIVE No. - 61 of 2025 Appellant :- Prayagraj Development Authority And Another Respondent :- Dinesh Chandra Mishra And Another Counsel for Appellant :- Vibhu Rai Counsel for Respondent :- C.S.C.,Ramesh Chandra Dwivedi Hon'ble Manoj Kumar Gupta,J.
Hon'ble Anish Kumar Gupta,J.
Order on Delay Condonation Application
1. Cause for delay in filing the present special appeal is sufficiently explained.
2. Delay is condoned. Application is allowed.
3. Office is directed to assign regular number to the appeal.
Order on Special Appeal
4. The instant intra court appeal is directed against an interim order dated 1414.11.2024 passed by the learned Single Judge in Writ-A No. 17812 of 2024 (Dinesh Chandra Mishra vs. State of U.P. and others) wherein respondent no.1 herein challenged an order dated 15.10.2021 passed by Vice-Chairman, Prayagraj Development Authority (PDA), Prayagraj directing recovery of sum of Rs. 3,85,566/- from him on account of incorrect fixation of salary and excess emoluments. The learned Single Judge has noted in the order that respondent no.1 herein (petitioner in writ petition) was a Group-C employee and was to reitre on 30.11.2024 and a submission on his behalf that his salary was correctly fixed in term of award of the labour court, Allahabad dated 21.06.2002.
5. The order of learned Single Judge as noted above is purely an interlocutory order and therefore, the instant intra court appeal would not be maintainable.
6. Moreover, we find sufficient reasons recorded in the order under challenge for granting interim relief.
7. The appeal is accordingly, dismissed.
Order Date :- 17.5.2025 Ashish Pd.
(Anish Kumar Gupta,J.) (Manoj Kumar Gupta,J.)