Court No. - 55
Case :- SPECIAL APPEAL DEFECTIVE No. - 742 of 2019 Appellant :- Awadhesh Kumar Dwivedi Respondent :- State Of U.P. And 3 Others Counsel for Appellant :- K.K. Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Vikram Nath,J. Hon'ble Pankaj Bhatia,J.
Order on Civil Misc. Delay Condonation Application No. 1 of 2019 Heard Sri K.K. Tripahi, learned counsel for the appellant and Sri Rajeev Singh, learned Standing Counsel for the State- respondents.
This is an application to condone the delay of 91 days in filing special appeal.
Cause shown is sufficient.
The delay in filing the special appeal is condoned. The application is allowed.
Order on Memo of Appeal
Learned Single Judge dismissed the writ petition of the appellant for the reason that the counsel for the petitioner could not point out any provision under which a Class-III employee in an Education Institution would be promoted as an Assistant Teacher in a Government aided Institution. Even before us, Sri Tripathi has not been able to show any such provision. Merely, because the appellant possessed the qualification to be appointed as an Assistant Teacher cannot in any manner provide any promotional avenue to a Class-III clerk to be promoted.
We do not find any infirmity in the order of the learned Single Judge.
Appeal is, accordingly, dismissed.
Order Date :- 26.8.2019 SR [Pankaj Bhatia, J.] [Vikram Nath, J.]