Allahabad High Court
U.P. State Food & Essential Commodities ... vs Sri Amit Kumar Yadav And Another on 4 January, 2010
Author: C.K. Prasad
Bench: Chandramauli Kumar Prasad, Pankaj Mithal
Chief Justice's Court Case :- SPECIAL APPEAL DEFECTIVE No. - 1374 of 2009 Petitioner :- U.P. State Food & Essential Commodities Corpn. Ltd. & Others Respondent :- Sri Amit Kumar Yadav And Another Petitioner Counsel :- Shri Kant Shukla Respondent Counsel :- C.S.C.,I.N. Singh Hon'ble Chandramauli Kumar Prasad,Chief Justice Hon'ble Pankaj Mithal,J.
Order on C.M. (Delay Condonation) Application No. 348069 of 2009 This application has been filed for condoning the delay in filing the appeal.
According to Stamp Reporter, the appeal is barred by limitation by 108 days.
Various reasons, which prevented the applicants from filing the appeal within time, have been enumerated in the affidavit filed in support of the application.
We are satisfied that the same constitute sufficient cause for condoning the delay in filing the appeal.
Accordingly, delay in filing the appeal is condoned.
Application stands allowed.
Order on the Special Appeal Respondents - appellants, aggrieved by order dated 04.08.2009 passed by a learned Single Judge in Civil Misc. Writ Petition No. 68176 of 2005, have preferred this appeal under Rule 5 Chapter VIII of the Allahabad High Court Rules, 1952.
Writ petitioner - respondent no.1 filed the writ petition, inter alia, praying for a direction to consider his case for appointment on compassionate ground. Respondents, appellants herein, attempted to resist the said prayer on the ground that the financial status of the Corporation is not sound and further no post is available for appointment on compassionate ground. Both the pleas have been considered by the learned Single Judge and found to be untenable on fact.
Mr. Shrikant Shukla, appearing on behalf of the appellants, repeats the same submission, which was advanced before the learned Single Judge.
We are of the opinion that the learned Single Judge, on fact, has correctly came to the aforesaid conclusion and no interference is called for in this appeal.
We do not find any merit in the appeal and it is dismissed accordingly.
(C.K. Prasad, C.J.) (Pankaj Mithal, J.) Order Date :- 4.1.2010 AHA