District Basic Education Officer ... vs Anupam Kumar Shukla And 6 Others
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Allahabad High Court

District Basic Education Officer ... vs Anupam Kumar Shukla And 6 Others on 11 November, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:74206-DB
 
Court No. - 1
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 585 of 2024
 

 
Appellant :- District Basic Education Officer Distt. Sitapur And Another
 
Respondent :- Anupam Kumar Shukla And 6 Others
 
Counsel for Appellant :- Rishabh Tripathi
 
Counsel for Respondent :- Ramesh Chandra,C.S.C.
 

 
Hon'ble Attau Rahman Masoodi,J.
 

Hon'ble Subhash Vidyarthi,J.

C.M. Application No.1 of 2024

1. Present intra-court appeal filed under Chapter VIII Rule 5 of the Allahabad High Court Rules is delayed by 237 days.

2. The appeal is accompanied with an application for condonation of delay duly supported with an affidavit.

3. Cause shown being sufficient and in absence of any objection, the application for condonation of delay is allowed and the delay is condoned.

Order on Appeal

4. Heard learned counsel for the appellants, learned Additional Chief Standing Counsel for the State and Sri Ramesh Chandra learned counsel who has put in appearance on behalf of the opposite party nos. 1 to 5.

5. Present intra court appeal has arisen out of the judgment and order dated 31.01.2024 rendered by the Writ Court in Writ-A No. 9872 of 2024. The only grievance raised against the judgment impugned herein is that the Writ Court while directing for consideration of the representation of opposite party nos. 1 to 5 has referred to the judgment of learned Single Judge in the case of Janki Devi vs. State of U.P. and others, Writ-A No.7932 of 2023.

6. Learned counsel for the appellants has brought to our notice a judgment passed by a Coordinate Bench of this Court in a bunch of Special Appeals inclusive of the judgment referred to by the Writ Court whereby the intra court appeal arising out of the judgment and order passed in Janki Devi (supra) has been allowed. Thus, the benefit of the judgment rendered by the Writ Court in the case of Janki Devi (supra) is no more available to the opposite party nos. 1 to 5. That being the position, the direction so issued deserves to be modified to the extent that the representation directed to be decided, if any, may be considered in the light of the Division Bench judgment rendered on 12.8.2024 in the Special Appeal Defective No. 307 of 2024 and the other connected matters instead of the judgment rendered by the Writ Court in Janki Devi (supra).

7. We find force in the submission put forth by the learned counsel for the appellants. We, accordingly, modify the direction issued by the Writ Court to the extent that the judgment passed by the Coordinate Bench of this Court on 12.8.2024 in the Special Appeal Defective No. 307 of 2024 and the other connected matters may be adhered to while deciding the representation as has been directed to be decided by the competent authority.

8. With the aforesaid modification in the impugned order, the special appeal is disposed of.

[Subhash Vidyarthi,J.] [Attau Rahman Masoodi, J.]

Order Date :- 11.11.2024

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