Allahabad High Court
State Of U.P. ... vs Anshuman Singh & 3 Others on 18 July, 2019
Author: Jaspreet Singh
Bench: Pankaj Kumar Jaiswal, Jaspreet Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 1 Case :- SPECIAL APPEAL DEFECTIVE No. - 293 of 2019 Appellant :- State Of U.P. Thru.Prin.Secy.,Secondary Education & 4 Others Respondent :- Anshuman Singh & 3 Others Counsel for Appellant :- Standing Counsel Counsel for Respondent :- Alok Singh Chauhan Hon'ble Pankaj Kumar Jaiswal,J.
Hon'ble Jaspreet Singh,J.
Heard Sri Mohit Jauhari, learned Standing Counsel for appellants and Sri Alok Singh Chauhan, learned counsel for respondent Nos.1 to 3 on the application for condonation of delay [C. M. Application No.80904 of 2019] as well as on the question of admission of appeal.
The appeal filed by the appellants is barred by 314 days.
It is not in dispute that the impugned order was passed on 6.8.2018 and the Officers of the appellants were well aware of the aforesaid order and as per para - 2 of the affidavit, the same was received in the office of appellant No.3 but nothing has been stated as to when the matter was referred to the Law Department for grant of permission for filing the Special Appeal. The Law Department on 2.7.2019 granted permission to file Special Appeal. There is no explanation for the period 7.8.2018 to 1.7.2019. The date of filing of Special Appeal is 16.7.2019.
Considering the aforesaid, we are of the view that the cause shown by the appellants does not at all sufficient to condone the delay for filing the appeal.
On the question of admission, learned Counsel for the appellants has submitted that by the impugned order, the effect and operation of order dated 26.2.2018 has been stayed and therefore, the appellants had to pay the salary to the respondents.
Learned Counsel for the appellants has not disputed that in identical facts and circumstances of the case, in pursuance of the order of the Division Bench, an interim order was passed by the learned Writ Court in Writ Petition No. 18295 (SS) of 2018, Samar Bahadur Singh and another v. State of U.P. and others.
Considering the aforesaid so also the fact that counter affidavit in the identical writ petition has been filed, we are not inclined to stay the order impugned in the Special Appeal. The appellants are at liberty to file an application in the pending writ petition for early disposal of the writ petition.
With the aforesaid, the application for condonation of delay and the instant Appeal are hereby dismissed.
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[Jaspreet Singh, J.] [Pankaj Kumar Jaiswal, J.] Order Date :- 18.7.2019 lakshman