Neelam Mishra vs State Of U.P. Thru. Addl. Chief ...
2023 Latest Caselaw 20056 ALL

Citation : 2023 Latest Caselaw 20056 ALL
Judgement Date : 1 August, 2023

Allahabad High Court

Neelam Mishra vs State Of U.P. Thru. Addl. Chief ... on 1 August, 2023

Bench: Attau Rahman Masoodi, Om Prakash Shukla





HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:50557-DB
 
Court No. - 2
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 535 of 2023
 

 
Appellant :- Neelam Mishra
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Govt. Of U.P. Civil Secrt. Lko. And Others
 
Counsel for Appellant :- Gaurav Gupta,Jyoti Rajpoot
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Om Prakash Shukla,J.

C.M.A. No.1 of 2023 (Application for condonation of delay)

1. Heard Ms. Jyoti Rajpoot, learned Counsel for the appellant and learned Counsel representing the State-respondent.

2. There is delay of 56 days in filing the present appeal. Although the same was instituted within time but the defects could not be removed timely which has resulted in the delay of 56 days in rectifying the same. The appeal is accompanied with an application for condonation of delay supported by an affidavit.

3. We find that the special appeal was instituted within time and it has taken some time to rectify the defects,

4. Cause shown being plausible and just and in absence of any objection by the State Counsel, the application for condonation of delay is allowed and the delay in filing the special appeal is condoned.

Order on Appeal

5. The present special appeal filed under Chapter VIII Rule 5 of High Court Rules is directed against the judgment/order passed by the Writ Court in Writ- A No.3170 of 2023 on 28.04.2023.

6. The matter pertains to the claim for compassionate appointment under Uttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974. In paragraph 15 of the judgment impugned, we find that the premise on which the writ petition has been dismissed is clearly well supported of law and the ground on which the rejection of the claim of the appellant/petitioner is ordered is tenable.

7. We do not see any scope for interference in the reasoning assigned by the learned Single Judge, hence the special appeal being bereft of any merit is, accordingly, dismissed.

(Om Prakash Shukla, J.) (Attau Rahman Masoodi, J.)

Order Date :- 1.8.2023

Anand Sri./-