State Of ... vs Shailendra Kumar Singh And ...
2021 Latest Caselaw 8072 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 576 of 2018
 

 
Appellant :- State Of U.P.Throu.Secy.Secondary Education Lko.And Ors.
 
Respondent :- Shailendra Kumar Singh And Another
 
Counsel for Appellant :- C.S.C.
 
Counsel for Respondent :- Dileep Kumar Pathak
 

 
Hon'ble Ritu Raj Awasthi,J.

Hon'ble Dinesh Kumar Singh,J.

C.M. Application No.117745 of 2018

1. This application has been filed for condoning reported delay of about 312 days as on the date of filing of special appeal i.e. 23.10.2018.

2. It is accompanied with an affidavit. Cause shown in the affidavit is sufficient to condone the delay.

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

4. Office is directed to allot regular number to this appeal.

On Memo

1. This intra-Court appeal has been filed, challenging the judgment and order dated 9th November, 2017 passed by the learned Single Judge in Writ Petition No.1215 (S/S) of 2014.

2. Mr. Mohit Jauhari, learned Standing Counsel, appearing for the appellants-State, makes a statement at Bar that during the pendency of this appeal, the matter has been considered in light of the judgment and order passed in the case of Sanjay Singh v. State of U.P. and others, 2013 (1) UPLBEC 758 and claim of the respondent-petitioner for payment of salary has been rejected.

3. In view of above, the special appeal has become infructuous. It is, accordingly, dismissed as infructuous.

[D.K. Singh, J.] [R.R. Awasthi,J.]

Order Date :- 15.7.2021

MVS/-