Executive Director,U.P. Govt. ... vs Omkar Singh & Anr.
2021 Latest Caselaw 9736 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 263 of 2021
 

 
Appellant :- Executive Director,U.P. Govt. Employees Welf.Corp.Lko.& Anr.
 
Respondent :- Omkar Singh & Anr.
 
Counsel for Appellant :- Vineet Kumar Singh 'Bisen,Anurag Vikram
 
Counsel for Respondent :- C.S.C.,Satendra Nath Rai
 

 
Hon'ble Ritu Raj Awasthi,J.

Hon'ble Dinesh Kumar Singh,J.

Heard Mr. Mahendra Pratap Singh, learned counsel for the appellants, Mr. Satendra Nath Rai, learned counsel for respondent no. 1 and learned standing counsel representing respondent no. 2-State.

This special appeal under Chapter-VIII Rule-5 of the Allahabad High Court Rules, 1952 has been filed, challenging the judgment and order dated 16th March, 2021 passed in Writ Petition No.7056 (S/S) of 2021.

The appeal has been filed with a reported delay of 109 days as on the date of filing. It is accompanied with an application for condonation of delay. Cause shown in the affidavit is sufficient to condone the delay.

The application is allowed. Accordingly, the delay in filing the special appeal is hereby condoned.

Office is directed to provide regular number to this appeal.

On Memo

With the consent of learned counsel for the parties, we proceed to decide the appeal, which involves only one short question.

Learned counsel for the appellants submits that the appellants are undergoing severe financial crunch. The money is to be arranged from the State Government to pay the salary and retiral dues of the employees. Learned Single Judge has directed to pay the retiral dues and arrears of salary within a period of four weeks from the date certified copy of the order is placed. The period to pay the dues in terms of the writ-Court order is too short and, in this period the appellants have not been able to arrange funds, as such, this period may be extended for a further period of three months. It is submitted that the judgment and order of the writ-Court would be complied with within a period of next three months.

Considering the peculiar difficulties of the appellants to pay the entire admitted post retiral dues and arrears of salary of the respondent no. 1, we hereby modify the order dated 16th March, 2021 passed in Writ Petition No. 7056 (S/S) of 2021 and, provide that the appellants shall pay the remaining admitted post retiral dues and arrears of salary of the respondent no. 1, as directed by the writ-Court, within a period of next three months from today.

4. With the said observations, this appeal stands disposed of.

[Dinesh Kumar Singh, J.] [Ritu Raj Awasthi, J.]

Order Date :- 6.8.2021

Santosh/-