State Of U.P. Thru. Secy. Basic ... vs Radhey Shyam Mishra And Anr.
2025 Latest Caselaw 4143 ALL

Allahabad High Court

State Of U.P. Thru. Secy. Basic ... vs Radhey Shyam Mishra And Anr. on 30 January, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2025:AHC-LKO:6216-DB
 
Court No. - 1
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 30 of 2025
 

 
Appellant :- State Of U.P. Thru. Secy. Basic Education Deptt. Lko. And 3 Others
 
Respondent :- Radhey Shyam Mishra And Anr.
 
Counsel for Appellant :- C.S.C.
 
Counsel for Respondent :- Rajeiu Kumar Tripathi
 

 
Hon'ble Attau Rahman Masoodi,J.
 

Hon'ble Subhash Vidyarthi,J.

Order on C.M. Application No. IA/1/2025

1. The intra court appeal arising out of the judgment and order dated 02.05.2023 is delayed by 571 days.

2. An application for condonation of delay supported with an affidavit has been filed by the State along-with the appeal.

3. Reasons in detail have been spelt out in the affidavit filed in support of delay condonation application to which there is no objection.

4. In absence of any objection and the cause shown being sufficient, the application is allowed and the delay is condoned.

Order on Appeal

5. Heard learned counsel for the appellant-State and Sri Rajeiu Kumar Tripathi learned counsel who has put in appearance on behalf of the opposite party no. 1.

6. The present intra court appeal filed by the State is directed against the judgment/order dated 2.5.2023 rendered by the writ court in Writ A No. 3586 of 2020 whereby the prayer for grant of pensionery benefits to which the respondent was entitled to has been allowed and a direction has accordingly been issued for payment thereof along-with the arrears.

7. The writ court in the judgment impugned herein has recorded a categorical finding to the effect that no document whatsoever was placed by the State in the writ proceedings on the basis of which it could be inferred that the appointment of the respondent which was duly approved was found void or illegal, at any point of time, till the time of his superannuation.

8. This finding of the learned writ court has not been impugned on any valid ground or tangible material in the present appeal, therefore, the intra court appeal instituted against the impugned judgment does not call for any interference on the grounds urged before us.

9. The intra court appeal bereft of any merit is accordingly dismissed.

.

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

Order Date :- 30.1.2025

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