Allahabad High Court
State Of U.P. Thru. Prin. Secy. Deptt. Of ... vs Rupesh And Another on 5 November, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:72958-DB
Court No. - 1
Case :- SPECIAL APPEAL DEFECTIVE No. - 586 of 2024
Appellant :- State Of U.P. Thru. Prin. Secy. Deptt. Of Horticulture Lko. And 2 Others
Respondent :- Rupesh And Another
Counsel for Appellant :- C.S.C.
Counsel for Respondent :- Mohd. Ateeq Khan
Hon'ble Attau Rahman Masoodi,J.
Hon'ble Subhash Vidyarthi,J.
(I.A. No. 1 of 2024)
1. The intra-court appeal filed by the appellant is beyond time by 187 days.
2. Heard learned counsel for the appellants and Ms. Bhanu Priya Singh, learned counsel for the respondent nos. 1 & 2.
3. The intra-court appeal arising out of the judgment/ order rendered by learned Single Judge in Writ A No. 7992 of 2023 is delayed by 187 days.
4. The appeal is accompanied with an application seeking condonation of delay supported by an affidavit.
5. Detailed reasons have been spelt out in the affidavit seeking condonation of delay in filing present appeal.
6. Having regard to the ministerial process and time taken for seeking opinion from the concerned authorities, we are of the view that the application seeking condonation of delay deserves to be allowed.
7. Accordingly, the application is allowed and the delay in filing appeal is condoned.
8. Let the appeal be assigned a regular number.
(Order on Memo of Appeal)
9. The intra-court appeal filed by the State has questioned the legality of judgment/order rendered by learned Single Judge in Writ A No. 7992 of 2023 whereby the following directions have been issued:-
6. After hearing learned counsel for both the parties, since the case of the petitioner is squarely covered by the Judgment/Order dated 25.01.2019 passed in Writ Petition No. 16326 (S/S) of 2017, in re: Ramesh Kumar Yadav versus State of U.P. and Others, the writ petition is allowed and the impugned order dated 09.04.2019 is hereby quashed.
10. The learned Single Judge while deciding the writ petition has categorically recorded that the dispute involved in the writ petition was squarely covered by the judgment rendered by this Court in Writ Petition No. 16326 (S/S) of 2017, Ramesh Kumar Yadav v. State of U.P. & Ors. The writ court has further observed that the State in its counter affidavit has failed to dispute the applicability of the judgment placed reliance upon by the writ petitioner, therefore, there was no reason as to why benefit of the judgment rendered in an identical matter may not be extended to the petitioners.
11. The learned counsel for the State while arguing the appeal has pointed out that the judgment placed reliance upon by the writ court was in fact not applicable in the facts and circumstances of the case as the stand taken in the counter affidavit was to the contrary.
12. We have examined the stand adopted by the State in its counter affidavit and do not gather any substantive stand on the basis of which a distinction may be drawn as has been canvassed before us for taking a different view. The finding recorded by the writ court are identical to the case already decided thus does not suffer from any perversity calling for interference.
13. It may be noted that that work discharged by the helper in the filed like Mali are akin to the function of a mali and at best the classification of skilled or semiskilled may be drawn between such employees which as per the averments made in the counter affidavit has not been empirically drawn or projected by the State. The respondents, who are admittedly daily wage employees, are working. Therefore, there is no reason as to why the benefit of judgment rendered by this Court as has been placed reliance upon by the writ court may not be extended to the respondent in the present case. In absence of any perversity pointed out or illegality by which the impugned judgment may suffer from, we decline to interfere in the present special appeal.
14. The appeal lacks merit and is accordingly rejected.
Order Date :- 5.11.2024
Pradeep/-
