State Of U P And 4 Others vs Dr. Radha Kant Dixit
2023 Latest Caselaw 14277 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 29
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 327 of 2023
 

 
Appellant :- State Of U P And 4 Others
 
Respondent :- Dr. Radha Kant Dixit
 
Counsel for Appellant :- Santosh Kumar Srivastava
 
Counsel for Respondent :- Pradeep Kumar Upadhyay
 

 
Hon'ble Mrs. Sunita Agarwal,J.

Hon'ble Vikas Budhwar,J.

Vakalatnama filed by Sri Pradeep Kumar Upadhyay learned Advocate on behalf of the respondent is taken on record.

Heard learned counsel for the State-appellants and Sri Pradeep Kumar Upadhyay learned counsel for the respondent.

This intra court appeal is directed against the judgment and order dated 16.11.2021 passed in Writ Petition No. 12728 of 2021 (Dr. Radha Kant Dixit vs. State of U.P. and 4 others), wherein direction was issued to the respondent to decide the issue afresh. It seems that on a Contempt Application No. 695 of 2023, the claim of the respondent/writ petitioner had been considered and an order dated 17th March, 2023 has been passed rejecting his claim.

The order dated 17th March, 2023 has been placed before us.

A perusal thereof indicates that the claim of the petitioner for inclusion of adhoc service for the pensionary benefits has been turned down. In the said scenario, the judgment and order dated 16.11.2021 cannot be said to cause any prejudice to the appellant herein.

The appeal which is delayed by 499 days is dismissed on the ground of unexplained inordinate delay.

Order Date :- 5.5.2023

Brijesh