Manohar Lal vs State Of U.P. And 2 Others
2023 Latest Caselaw 14600 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 229 of 2019
 
Appellant :- Manohar Lal
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Appellant :- Sunil Kumar Gaur,Pradeep Verma
 
Counsel for Respondent :- C.S.C.,Kamlesh Kumar
 

 
Hon'ble Suneet Kumar,J.

Hon'ble Rajendra Kumar-IV,J.

(Order on delay condonation application)

The cause shown is good and sufficient.

Application is allowed.

The delay in filing the appeal is condoned.

(Order on Appeal)

The intra-court appeal has been filed against the judgment and order dated 11.02.2019, passed by a Single Judge, whereby, the writ petition came to be dismissed.

It is submitted that the learned writ court has not considered the issue involved in the writ petition i.e. the petitioner came to be appointed on the post of Clerk after following the due process, including, advertisement. It is further submitted that the provisions under Chapter II Regulations 101/107 of the U.P. Intermediate Education Act, 1921, would apply governing appointment of Clerk.

The learned Single Judge has not considered the relevant provisions while adjudicating the matter, in the circumstances, it is urged that the impugned order dated 11.02.2019, be set aside and the writ petition be decided afresh on merit after hearing all the parties.

The learned Standing Counsel appearing for the State submits that the matter requires reconsideration as the writ court proceeded to decide the matter on wrong provisions which was wrongly placed before the court.

Accordingly, the appeal is allowed.

The writ petition being Writ Petition No. 7919 of 1984 (Dinesh Chandra Srivastava and another Vs. The D.I.O.S and others) is restored to its original file and number.

Since this is an old matter the same shall be listed in the week commencing 10th July, 2023, before the court having jurisdiction.

Order Date :- 9.5.2023/A Gautam