Citation : 2026 Latest Caselaw 3065 UK
Judgement Date : 16 April, 2026
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reports, orders or
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16.04.2026 SPA No. 63 of 2026
State of Uttarakhand
--Petitioner
Versus
Shobha Rani
--Respondent
Hon'ble Manoj Kumar Gupta, C.J.
Hon'ble Subhash Upadhyay, J.
1. Mr. N.S. Pundir, learned DAG with Mr. S.M.S. Mehta, learned Standing Counsel for the State of Uttarakhand/ appellants.
2. Mr. Bhuwan Bhatt, learned counsel for respondent no. 1.
3. Mr. I.D. Paliwal, learned Standing Counsel for the State of Uttar Pradesh/ respondent no. 2.
4. Learned counsel for respondent no. 1 submits that the State-appellants initially complied with the order of the learned Single Judge, and sanctioned family pension in favour of respondent no. 1, vide order dated 02.09.2025. Subsequently, the State- appellants grew wiser and revoked the order granting family pension, to facilitate filing of the instant Appeal. He further submits that in the Delay Condonation Application, and the affidavit filed in support thereof, the State-appellants have concealed the aforesaid fact.
5. He submits that, in such circumstances, the delay of 249 days, in preferring the instant Appeal, is not liable to be condoned.
6. Having regard to the submissions made, we require the Principal Secretary, School Education, Dehradun to file his affidavit, and state whether the State still wants to pursue the instant Appeal.
7. List this case as fresh on 28.04.2026.
8. Learned State Counsel shall communicate the instant order to the Principal Secretary, School Education, so that the required affidavit is filed positively by the next date.
(Subhash Upadhyay, J.) (Manoj Kumar Gupta, C.J.) 16.04.2026 16.04.2026 Rahul
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