Allahabad High Court
State Of ... vs Rahul Shukla And Another on 5 November, 2019
Author: Alok Mathur
Bench: Pankaj Kumar Jaiswal, Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 1 Case :- SPECIAL APPEAL DEFECTIVE No. - 580 of 2018 Appellant :- State Of U.P.Throu.Prin.Secy.Secondary Education Lko.& Ors. Respondent :- Rahul Shukla And Another Counsel for Appellant :- C.S.C. Counsel for Respondent :- R.C.Tewari Hon'ble Pankaj Kumar Jaiswal,J.
Hon'ble Alok Mathur,J.
Order on Civil Misc. Application No. 119828 of 2018 Heard Sri Anand Singh, learned Standing Counsel for the appellants and Sri R.C. Tewari, learned counsel for the respondents. This is an application for condonation of delay in filing the appeal. There is a delay of nine months and 24 days in filing the appeal. Learned counsel for the respondents has no objection in condoning the delay.
Cause shown in the affidavit filed in support of the application are deemed to be sufficient. The application is allowed.
Delay in filing the appeal is hereby condoned.
Order Date :- 5.11.2019 A. Verma (Alok Mathur, J.) (Pankaj Kumar Jaiswal, J.) Court No. - 1 Case :- SPECIAL APPEAL DEFECTIVE No. - 580 of 2018 Appellant :- State Of U.P.Throu.Prin.Secy.Secondary Education Lko.& Ors.
Respondent :- Rahul Shukla And Another Counsel for Appellant :- C.S.C. Counsel for Respondent :- R.C.Tewari Hon'ble Pankaj Kumar Jaiswal,J.
Hon'ble Alok Mathur,J.
Heard Sri Anand Singh, learned Standing Counsel for the appellants and Sri R.C. Tewari, learned counsel for the respondents. This appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 has been filed against the judgment and order dated 23.11.2017 by the learned Single Judge in Writ Petition No. 3470 (S/S) of 2015 - Rahul Shukla Vs. State of U.P. and Others, whereby the writ petition has been disposed of with certain direction to the District Inspector of Schools, Basti. It is not in dispute that the issue involved in this appeal is covered by the decisions of this Court in Special Appeal Defective No. 424 of 2018 - State of U.P. Throu. Prin. Secy. Secondary Edu. Lko. and Another Vs. Alok Kumar Singh and Another (decided on 31.08.2018) and Sanjay Singh Vs. State of U.P. and Others, reported in 2013 (1) UPLBEC 758. The writ petition was disposed of directing the District Inspector of Schools to look into the matter and see that if the petitioner has all the necessary qualifications as envisaged in the judgment of Sanjay Singh (supra), the salary shall be paid to the petitioner until a regularly selected candidate comes. Learned Standing Counsel has submitted that neither joining was made on the post in question and nor opportunity of filing counter affidavit was afforded to the appellants and therefore these facts were not brought to the knowledge of the writ Court. On the contrary, Sri R.C. Tewari, learned counsel for the respondents submitted that the order of appointment is on record. The writ petition was disposed of with direction to the authority concerned to look into the matter. Heard learned counsel for the parties and perused the record.
Issue involved in this appeal is covered by the decision of this court in Special Appeal Defective No. 424 of 2018 - State of U.P. Through Principal Secretary Education, Lucknow and Another Vs. Alok Kumar Singh and Another (decided on 31.08.2018), therefore, we dispose of the appeal in terms of order dated 31.08.2018. Order Date :- 5.11.2019 A. Verma (Alok Mathur, J.) (Pankaj Kumar Jaiswal, J.)