Allahabad High Court
State Of U.P. Through Principal Secy. ... vs Angad Singh And Others on 27 January, 2010
Author: C.K. Prasad
Bench: Chandramauli Kumar Prasad, Arun Tandon
Chief Justice's Court Case :- SPECIAL APPEAL DEFECTIVE No. - 99 of 2010 Petitioner :- State Of U.P. Through Principal Secy. Irrigation & Others Respondent :- Angad Singh And Others Petitioner Counsel :- Ghanshyam Dwivedi (Sc) Respondent Counsel :- Siddhartha Srivastava Hon'ble Chandramauli Kumar Prasad,Chief Justice Hon'ble Arun Tandon,J.
Order on Civil Misc. Delay Condonation Application No.20491 of 2010 This application has been filed for condoning the delay in filing the appeal.
According to the Stamp Reporter appeal is barred by limitation by 109 days.
Various reasons, which prevented the applicant/appellant from filing the appeal within time have been enumerated in the affidavit filed in support of the delay condonation application.
We are of the opinion that the same constitute sufficient cause for condoning the delay in filing the appeal.
Accordingly, the delay in filing the appeal is condoned.
Application stands allowed.
Order on Special Appeal Respondents - appellants, aggrieved by an order dated 01.09.2009 passed by learned Single Judge in Civil Misc. Writ Petition No.64962 of 2008, have preferred this appeal under Rule 5 Chapter VIII of the Allahabad High Court Rules, 1952.
Writ petitioners - respondents, herein, filed the writ application for quashing the advertisement made for recruitment of Seench Pal, inter alia, contending that they are entitled to be regularized in service on the ground that persons junior to him having been regularized, they are entitled for the same benefit.
Aforesaid submission found favour with the learned Single Judge and he directed the writ petitioners - respondents be engaged in regular establishment.
Mr. Ghanshyam Dwivedi, Standing Counsel, appearing on behalf of the respondents - appellants submits that writ petitioners - respondents initial engagement was not in accordance with law and therefore, in view of the judgment of the Supreme Court in the case of Secretary, State of Karnataka and others Vs. Smt. Uma Devi and others, reported in JT 2006 (4) SC 420, the direction given is bad.
However, it is not in dispute that writ petitioners - respondents challenged their termination before the Labour Court, which made an award holding their termination to be bad and directed for their continuance.
In view of aforesaid, when persons junior to them have been regularized, we do not find any justification to interfere with the order of the learned Single Judge, who has granted relief to the writ petitioners - respondents.
We are of the opinion that the consideration of the matter by learned Single Judge does not suffer from any error, calling for interference in this appeal.
We do not find any merit in the appeal, and it is dismissed accordingly.
Order Date :- 27.1.2010 VMA (C.K. Prasad, C.J.) (Arun Tandon, J.)