State Of U.P. Thru. Addl. Chief ... vs Ram Ji Ram
2023 Latest Caselaw 23381 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:57013-DB
 
Court No. - 1
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 628 of 2023
 

 
Appellant :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Govt. Of U.P. Civil Secrt. Lko. And Others
 
Respondent :- Ram Ji Ram
 
Counsel for Appellant :- C.S.C.
 
Counsel for Respondent :- Dinesh Chandra Tewari
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Om Prakash Shukla,J.

1. Heard learned State Counsel representing the appellant-State authorities and Shri Dinesh Chandra Tewari, learned counsel representing the respondents.

2. Having regard to the reasons as pleaded by the learned State Counsel in the application seeking condonation of delay, we are satisfied that delay has sufficiently been explained. Accordingly, prayer for condonation of delay is allowed and the delay in filing the Special Appeal is hereby condoned.

3. This Special Appeal challenges the order dated 12.5.2023 passed by a learned Single Judge whereby Writ-A No. 6171 of 2015 filed by the respondent has been allowed and the order dated 6.6.2013 denying the claim of back-wages has been quashed.

4. The learned Single Judge has also directed the Commandant of the Battalion concerned of the Provincial Armed Constabulary to take fresh decision by granting benefit of the judgment of this Court passed in Writ-A No. 42049 of 2006. It has been recorded by the learned Single Judge that Writ-A No. 42049 of 2006 was decided on 30.08.2013 and the benefit of back-wages was accorded to the petitioners of the said writ petition. Similarly, learned Single Judge has also relied upon a judgment dated 24.02.2009 passed in Writ Petition No. 1227 (SS) of 2009 as also the judgment rendered by a Division Bench of this Court in Special Appeal Defective No. 528 of 2009. Further reliance has been placed by the learned Single Judge on an order dated 09.10.2014 whereby Special Leave Petition (Civil) No. 15220 of 2012 preferred by the State was dismissed.

5. Learned Single Judge has returned a finding that the case of the respondent in this case is also akin to the cases of the individuals who had instituted the aforementioned writ petitions. Nothing has been brought to our notice to contradict the said finding recorded by the learned Single Judge. Since the matter stands concluded by the order dated 09.10.2014 passed by the Hon'ble Supreme Court in Special Leave Petition (Civil) No. 15220 of 2012, we are unable to take a view other than the view taken by the learned Single Judge.

6. The Special Appeal is thus dismissed.

Order Date :- 25.8.2023

Fahim/-