Chandrashekher Pandey And ... vs Union Of India And 3 Others
2021 Latest Caselaw 1659 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 1207 of 2020
 

 
Appellant :- Chandrashekher Pandey And Another
 
Respondent :- Union Of India And 3 Others
 
Counsel for Appellant :- Ashok Kumar
 
Counsel for Respondent :- A.S.G.I.,C.S.C.
 

 
Hon'ble Munishwar Nath Bhandari,J.

Hon'ble Rohit Ranjan Agarwal,J.

Order on Civil Misc. Delay Condonation Application

Since the matter has been heard and decided on merits, the application for condonation of delay is not opposed by the counsel for the side opposite and accordingly it is accepted.

Delay in filing the appeal is condoned.

Accordingly the application is allowed as aforesaid.

Order on Appeal

By this appeal, a challenge is made to the judgment dated 07.02.2020 in a case where an order passed by the respondent on 30.06.2011 was challenged. It is an admitted case of the petitioner-appellants that they were engaged in a scheme of the Union of India. It came to an end in the year 2002 and accordingly, the petitioner-appellants were discontinued.

The impugned order was passed when the petitioner-appellants challenged engagement of others pursuant to the new scheme of the Government of India. It is without specifying the right of the petitioner-appellants to seek engagement under the new scheme.

It is more so when there was gap of 3 years between old and new scheme. New scheme is altogether different than the old.

Learned Single Judge accordingly, dismissed the writ petition as the petitioner-appellants failed to show their right of absorption.

We do not find any illegality in the judgment of the learned Single Judge rather the respondents have passed a reasoned order on 30th June, 2011. It is also informed that now the petitioner-appellant No.1 has attained the age of 65 years.

Thus, for all the reasons, the appeal fails and is dismissed.

Order Date :- 27.1.2021

piyush