Basic Shiksha Adhikari Unnao vs Raghvendra Singh
2019 Latest Caselaw 5972 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 279 of 2019
 

 
Appellant :- Basic Shiksha Adhikari Unnao
 
Respondent :- Raghvendra Singh
 
Counsel for Appellant :- Rajiv Singh Chuahan
 
Counsel for Respondent :- Anuj Kudesia
 

 
Hon'ble Pankaj Kumar Jaiswal,J.

Hon'ble Jaspreet Singh,J.

Present appeal is barred by limitation from 68 days.

Heard Sri Rajiv Singh Chauhan, learned counsel for the appellant and Sri Anuj Kudesia, learned counsel for the respondent on C.M.A. No. 76290 of 2019 as well as on the question of admission.

For the reasons assigned in the application for condonation of delay, the cause shown in the application is sufficient and, as such, delay in filing the present appeal is condoned and delay condonation application is allowed.

Present special appeal has been filed against an interim order dated 29.03.2019 whereby the learned Writ Court after considering the fact that at the time of passing of the order of removal from service against the petitioner no opportunity of hearing was provided to him and, therefore, learned Writ Court has stayed the effect and operation of the removal order.

The only argument raised by learned counsel for the appellant is that at the time of appointment the respondent was not having the requisite qualifications as required under clause-10 of the Government Order dated 07.09.2011 and learned Writ Court in the shape of interim order has accorded final relief to the respondent.

We have proceeded to examine the order dated 29.03.2019 and in our considered opinion the order dated 29.03.2019 passed by the learned Writ Court cannot be termed to be a judgment against which special appeal could be held to be maintainable under Chapter VIII Rule V of the High Court Rules, 1956, as it does not proceeded to decide any aspect of the matter rather it appears that said order has been passed with the sole object to facilitate and ensure that no judgment comes forward that would hold contrary directions.

On due consideration of the aforesaid, we are of the view that once the order dated 29.03.2019 passed by the learned Writ Court in Writ Petition No. 8714 (S/S) of 2019 (Raghvendra Singh Vs. State of U.P. & others) is a procedural order and same has been passed on advanced notice, we cannot come to rescue and reprieve of the appellant but we make it clear that passing of this order will not at all come in the way of appellant to approach the learned Writ Court by filing appropriate application with the request to hear the matter, at the earliest, or consider the application for modification of stay order, if any.

With the aforesaid, special appeal is disposed of.

[ Jaspreet Singh, J. ] [ Pankaj Kumar Jaiswal, J. ]

Order Date :- 9.7.2019

Shekhar