Anju David (Smt.) vs State Of U.P. And 5 Others
2023 Latest Caselaw 263 ALL

Citation : 2023 Latest Caselaw 263 ALL
Judgement Date : 3 January, 2023

Allahabad High Court

Anju David (Smt.) vs State Of U.P. And 5 Others on 3 January, 2023

Bench: Manoj Misra, Vikas Budhwar




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 29
 
Case :- SPECIAL APPEAL DEFECTIVE No. - 652 of 2022
 
Appellant :- Anju David (Smt.)
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Appellant :- Santosh Kr. Singh Paliwal,Mahesh Chandra Maurya
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manoj Misra,J.

Hon'ble Vikas Budhwar,J.

In Re: Delay Condonation Application No. 1 of 2022

We have heard Sri Santosh Kumar Singh Paliwal for the appellant; the learned Standing Counsel for the respondents 1, 2 and 3.

By this application, the applicant seeks condonation of 384 days delay in filing the intra court appeal against the judgment and order dated 29.02.2021 whereby Writ A No. 56053 of 2009 filed by the petitioner-appellant against the order of termination of her services during the period of probation, has been dismissed.

The order dismissing the writ petition was passed after hearing the counsel for the parties. The appeal has been presented on 23rd December, 2022 whereas it was within time up to 29.10.2021. Even assuming that in between there was Covid-19 pandemic but still there is inordinate delay of more than nine months since March 2022.

The affidavit filed in support of the delay condonation application states that the appellant could not come earlier to get the appeal prepared as she was out of employment and had difficulty in arranging for the money because her husband was undergoing treatment for his illness. Annexure 1 to the affidavit filed in support of the delay condonation application indicates that the husband of the appellant was subjected to treatment with effect from 06.05.2022.

As the period of limitation had expired much before 06.05.2022, while keeping in mind that the services of the appellant were terminated during the period of probation, we do not find a good reason to condone the delay in filing the intra court appeal. The delay condonation application is rejected.

The appeal is dismissed as barred by limitation.

Order Date :- 3.1.2023

Sunil Kr Tiwari