Secy. Basic Education Board, ... vs Chhandra Shekhar Dwivedi
2022 Latest Caselaw 11546 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 2
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 151 of 2022
 

 
Appellant :- Secy. Basic Education Board, Prayagraj And 4 Others
 
Respondent :- Chhandra Shekhar Dwivedi
 
Counsel for Appellant :- C.S.C.
 
Counsel for Respondent :- Sharad Pathak
 

 
Hon'ble Devendra Kumar Upadhyaya,J.

Hon'ble Shree Prakash Singh,J.

(C.M. application No.1 of 2022.)

Having regard to the averments made in the application seeking condonation of delay and having heard the learned counsel for the parties, we are satisfied that the delay in preferring the instant special appeal has sufficiently been explained.

Accordingly, the application is allowed and delay in preferring the special appeal is hereby condoned.

Order In Re: Special Appeal

Under challenge in this intra-court appeal is the judgment and order dated 14.03.2022 passed by the learned Single Judge in Writ-A No.1074 of 2022 whereby the claim put forth by the respondent-petitioner has been allowed and it has been held that he shall be restored in service in pursuance to the appointment letter dated 27.01.2021 with continuity in service. The learned Single Judge has also directed that the respondent-petitioner shall be entitled to salary for the period he has actually worked. However, the entire period as mentioned in the judgment and order shall be treated as in service.

When we peruse the judgment and order passed by the learned Single Judge dated 14.03.2022 which is under appeal before us, it is apparent that the same is based on a Division Bench judgment dated 08.03.2022 passed in Special Appeal No.69 of 2022, Secretary Basic Education Board, Prayagraj and others vs. Jubeda Bano.

We have been informed that the aforesaid judgment passed by a Coordinate Bench of this Court dated 08.03.2022 rendered in the case of Jubeda Bano (supra) has been affirmed by Hon'ble Supreme Court in SPL (Civil) No.11853 of 2022 which was dismissed by the order dated 15.07.2022.

In view of above, we find that the judgment and order dated 14.03.2022 passed by the learned Single Judge in this case does not warrant any interference by this Court in this Special Appeal. The Special Appeal is hereby dismissed.

Order Date :- 29.8.2022

akhilesh/