Allahabad High Court
Chairman / Managing Director Up Power ... vs Shivakant Mishra And Another on 3 May, 2024
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:79479-DB
Court No. - 40
Case :- SPECIAL APPEAL No. - 430 of 2024
Appellant :- Chairman / Managing Director Up Power Corporation Lt And 2 Others
Respondent :- Shivakant Mishra And Another
Counsel for Appellant :- Pawan Kumar Mishra
Counsel for Respondent :- Vachaspati Shukla
Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Anish Kumar Gupta,J.
1. Heard learned counsel for the appellants and learned counsel for respondent-petitioner.
2. Present Special Appeal under Chapter VIII Rule 5 of Allahabad High Court Rules 1952 is preferred against the impugned judgement and order dated 18.3.2024 in Writ A No. 12519 of 2019(Shivakant Mishra v. State Of U.P. Through Secretary, Up Power, Lucknow And 3 Others), the operative portion of which, for ready reference, is quoted as under:-
"9. Now, the issue before the Court is to decide as to whether in light of judgments of Hon'ble Apex Court in the matter of Gorakhpur University(Supra) and Dr. Hira Lal(Supra), any amount may be recovered from the petitioner in lieu of overstay in the house in question or not. But, in the present case, as petitioner himself is ready to pay the penal rent for the period of overstay of two years, therefore, there is no occasion for the court to decide the issue in the present petition.
10. Therefore, under such facts and circumstances of the case, impugned order dated 11.04.2019 is hereby set aside. Writ petition is allowed.
11. Respondents No. 3 is directed to calculate the remaining retiral dues of petitioner, i.e. remaining 10 per cent of the gratuity and amount of arrears of pension after deducting the amount of penal rent of two years in light of office memo dated 03.05.2012 within one month. After deducting the penal rent, remaining amount shall be paid to petitioner within the same time along with interest @ 6% from the due date to the date of actual payment. It is further directed that regular pension shall also be paid to the petitioner on month to month basis.
12. No order as to costs. "
3. After considering the submissions made by the learned counsels for the parties and upon perusing the impugned judgment and order, we notice that the same has been rendered by the learned Single Judge with cogent and justifiable reasons. In an Intra-Court Special Appeal, no interference is usually warranted unless palpable infirmities or perversities are noticed on a plain reading of the impugned judgment and order. In the facts and circumstances of the instant case, on a plain reading of the impugned judgment and order, we do not notice any such palpable infirmity or perversity. As such, we are not inclined to interfere with the impugned judgment and order.
4. In view of above, the special appeal sans merit and is, accordingly, dismissed.
Order Date :- 3.5.2024
A.K.Srivastava
