Allahabad High Court
Union Of India Thru. Secy. ... vs Amit Kumar And Others on 13 December, 2022
Bench: Devendra Kumar Upadhyaya, Saurabh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 2
Case :- SPECIAL APPEAL DEFECTIVE No. - 276 of 2022
Appellant :- Union Of India Thru. Secy. Ministry Of Social Justice And Empowerment New Delhi
Respondent :- Amit Kumar And Others
Counsel for Appellant :- Raj Kumar Singh,Sr. Advocate
Counsel for Respondent :- Rajendra Singh Kushwaha,C.S.C.,Yogesh Chandra Bhatt
Hon'ble Devendra Kumar Upadhyaya,J.
Hon'ble Saurabh Srivastava,J.
(C.M. Application No.1 of 2022)
Heard Shri Raj Kumar Singh, learned counsel for the appellant, Shri Rajendra Singh Kushwaha, learned State Counsel representing the respondent no.1 and Shri Yogesh Chandra Bhatt, learned counsel representing the respondent no.4.
Having regard to the averments made in affidavit filed in support of the application seeking condonation of delay in filing the special appeal, we are satisfied that the delay has sufficiently been explained.
Accordingly the application is allowed and delay in filing the special appeal is hereby condoned.
Order on Memo of Appeal
This special appeal filed by the Union of India under Chapter VIII Rule 5 of the Rules of the Court lays a limited challenge to the judgment and order dated 20.09.2022 passed by the learned Single Judge whereby Writ-C No.7332 of 2021 filed by the respondent no.1-petitioner has been allowed and the appellant has been directed to grant the benefit of Post Matric Scholarship to the respondent no.1 as recommended by the State Government. Learned Single Judge has also directed that the entire money shall be given by the appellant-Union of India along with interest @ 8% per annum and further that the respondent no.1 shall be paid the cost of litigation to which he was entitled was quantified as Rs.50,000/- out of which half shall be paid by the Central Government and remaining half of the amount shall be paid by the State Government.
So far as the direction issued by the learned Single Judge to the appellant-Union of India to grant the benefit of scheme to the respondent no.1 is concerned, learned counsel for the appellant has brought to our notice an order/letter dated 29.11.2022 written to the State Government whereby the entire amount has been released to the State Government with the direction that the State Government shall ensure that the respondent no.1 is eligible for award of scholarship and shall release admissible funds immediately under the intimation to the Central Government.
Learned counsel representing the appellant has thus submitted that Union of India has no objection so far as the said direction is concerned, however, he has made a limited prayer for quashing that part of the order passed by the learned Single Judge whereby the appellant has been directed to pay interest 8% per annum and cost.
Having regard to the overall facts and circumstances of the case and also taking into account the fact that entire amount by the Union of India has been disbursed to the State Government to be paid to the respondent no.1, we modify the order dated 20.09.2022 passed by the learned Single Judge by providing that the respondent no.1 shall not be entitled for payment of cost as awarded in the order under challenge herein and further that the interest as directed by the learned Single Judge shall also not be paid.
The order dated 20.09.2022 passed by the learned Single Judge in Writ-C No.7332 of 2021 stands modified to the aforesaid extent.
Special Appeal is, thus, disposed of in the aforesaid terms.
Order Date :- 13.12.2022
akhilesh/
