Allahabad High Court
State Of U.P. And Another vs Jai Pal Singh on 14 November, 2019
Author: Biswanath Somadder
Bench: Biswanath Somadder, Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD Court No. - 7 Case :- SPECIAL APPEAL DEFECTIVE No. - 979 of 2019 Appellant :- State Of U.P. And Another Respondent :- Jai Pal Singh Counsel for Appellant :- Pranab Kumar Ganguli Counsel for Respondent :- Murtuza Ali Hon'ble Biswanath Somadder,J.
Hon'ble Ajay Bhanot,J.
(Civil Misc. Delay Condonation Application No. 01 of 2019) After considering the submissions made by the learned advocate for the applicant and upon perusing the application for condonation of delay, it appears that sufficient cause has been shown to explain the delay in filing of the appeal and as such, the delay is condoned. The application for condonation of delay is, accordingly, allowed.
Order Date :- 14.11.2019 Dhananjai (Biswanath Somadder,J.) (Ajay Bhanot,J.) Court No. - 7 Case :- SPECIAL APPEAL DEFECTIVE No. - 979 of 2019 Appellant :- State Of U.P. And Another Respondent :- Jai Pal Singh Counsel for Appellant :- Pranab Kumar Ganguli Counsel for Respondent :- Murtuza Ali Hon'ble Biswanath Somadder,J.
Hon'ble Ajay Bhanot,J.
This Special Appeal arises in respect of an order dated 14th February, 2019, passed by a learned Single Judge in Writ A No. 65378 of 2009 (Jaipal Singh Vs. State of U.P. and Another). By the impugned order, the learned Single Judge proceeded to allow the writ petition in the following manner:-
"Heard the learned counsel for the petitioner and learned standing counsel appearing for the State-respondents. By means of the instant petition, petitioner, inter alia, seeks the following relief:
"issue a writ, order or direction including a writ in the nature of mandamus commanding the respondent no. 2 to declare the result of the selection held on 29.11.2006 on the post of Peon in the office of Deputy Director of Consolidation, Banda, District Banda, in pursuance of the Advertisement No. 480/Group 'D' dated 21.08.2006 published on 23.08.2006 and issue an appointment order to the selected candidates as per the order of merit given in the select list."
It is stated in para-8 of the counter affidavit that in view of the interim order granted in Writ-A No. 61569 of 2006 (Ramesh Chandra vs State of U.P.), result of the candidates was not declared. No other reason has been assigned by the respondents in not declaring the result. Interim order passed in the aforementioned writ petition has been vacated.
In view thereof, writ petition is allowed.
Respondents to declare the result and proceed thereafter."
This Special Appeal has been preferred by the State of U.P., through its Secretary, Revenue, Lucknow and the Deputy Director of Consolidation, District-Banda. A bare perusal of the impugned order reveals that the only reason for allowing the writ petition was a statement made in paragraph 8 of the counter affidavit filed in that matter, which referred to an interim order granted in Writ-A No. 61569 of 2006 (Ramesh Chandra and Others Vs. State of U.P. and Others). The learned Single Judge was of the view that since the interim order passed in the aforementioned writ petition had been vacated, there was no embargo and/or fetter on the part of the concerned authorities to declare the result of the candidates who participated in the selection process for the post of ''Peon', which was held on 29th November, 2006. The learned Single Judge also took into consideration that no other reason had been assigned by the respondents (being the appellants herein) in not declaring the result. During the course of hearing of this Special Appeal, we have been informed by the learned advocates for the parties, that Ramesh Chandra's case, is yet to be finally decided. As such, it cannot be said with certainty as to how the learned Court will finally decide the Ramesh Chandra's case. In such circumstances, we modify the impugned order dated 14th February, 2019 by observing that the effect of the impugned order shall be subject to the final outcome of Writ-A No. 61569 of 2006 (Ramesh Chandra and Others Vs. State of U.P. and Others). The Special Appeal stands disposed of accordingly.
Order Date :- 14.11.2019 Dhananjai (Biswanath Somadder,J.) (Ajay Bhanot,J.)