State Of Uttar Pradesh And 7 Others vs Rakesh Kumar Shukla And Another
2021 Latest Caselaw 4771 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- SPECIAL APPEAL No. - 92 of 2021
 

 
Appellant :- State Of Uttar Pradesh And 7 Others
 
Respondent :- Rakesh Kumar Shukla And Another
 
Counsel for Appellant :- Rakesh Kumar Shukla
 
Counsel for Respondent :- Kamal Kumar Kesherwani
 

 
Hon'ble Manoj Misra,J.

Hon'ble Rohit Ranjan Agarwal,J.

Although a delay condonation application has been filed with the appeal but the office has not reported the appeal beyond limitation. Hence, by treating the appeal to be within limitation, we have proceeded to hear the learned Standing Counsel for the appellants.

This intra-court appeal arises from a judgment of a learned single Judge dated 3rd November, 2020 passed in Writ A No.1576 of 2020 whereby the writ petition of the first respondent has been allowed in terms of the decision in Usha Rani Vs. State of U.P. and 6 others, Writ A No.17399 of 2019.

It is not in dispute that the case of the writ petitioner (first respondent) was squarely covered by decision in Usha Rani's case (supra).

Learned Standing Counsel also fairly stated that against the judgment in Usha Rani's case (supra), Special Appeal Defective No.40 of 2021 was filed which was dismissed by judgment and order dated 28th January, 2021 of a co-ordinate Bench of which one of us (Hon'ble Rohit Ranjan Agarwal, J.) was a member.

Copy of the order dated 28th January, 2021 has been produced for our perusal, which reflects that it places reliance on earlier Division Bench decision of this Court passed in Smt. Ranjana Kakkar Vs. state of U.P. and others reported in 2008 (10) ADJ 63.

As, admittedly, the case of the writ petitioner (first respondent) was covered by decision rendered in Usha Rani's case (supra) and appeal against said decision has been dismissed, the order of the learned single Judge directing the appellants to re-evaluate the claim for gratuity afresh bearing in mind the decision in Usha Rani's case, calls for no interference.

The special appeal is therefore dismissed.

Order Date :- 26.3.2021.

Rks.