State Of U.P. And Another vs Dr. Niyamatullah Khan
2023 Latest Caselaw 381 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 29
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 650 of 2022
 
Appellant :- State Of U.P. And Another
 
Respondent :- Dr. Niyamatullah Khan
 
Counsel for Appellant :- Amit Manohar
 
Counsel for Respondent :- Gagan Mehta
 

 
Hon'ble Manoj Misra,J.

Hon'ble Vikas Budhwar,J.

We have heard Sri P.K. Ganguli, learned Standing Counsel for the appellants; Sri Gagan Mehta for the respondent and have perused the record.

In Re: Delay Condonation Application No.1 of 2022

This application seeks condonation of about 503 days delay in filing the intra-court appeal against judgment and order of the learned Single Judge dated 07.07.2021 in Writ-A No. 5339 of 2021 whereby the writ petition of the respondent seeking a direction upon the opposite parties in the writ petition to decide petitioner's representation in respect of ACP/ Pension and other allied benefits by taking into account the services rendered by him on ad hoc basis from 18.06.1988 has been disposed off by requiring the competent authority to take a final decision on the said application.

What is important is that the learned Single Judge has not expressed any opinion as to whether the ad hoc services rendered should be counted as part of the qualifying service for the benefits sought.

The order dated 07.07.2021 was passed by the learned Single Judge in the presence of the learned Standing Counsel.

Considering that the learned Single Judge has not expressed any opinion on the merits of the claim and has merely directed for decision on the representation, while keeping in mind that the same was passed in the presence of the learned Standing Counsel, we do not find good and sufficient reasons to condone the delay in filing the appeal.

The delay condonation application is accordingly rejected.

In Re: Appeal

The appeal is dismissed as barred by limitation.

Order Date :- 4.1.2023

N.S.Rathour