Court No. - 29
Case :- SPECIAL APPEAL DEFECTIVE No. - 166 of 2019 Appellant :- Birbal Prasad And 39 Others Respondent :- State Of U.P. And 5 Others Counsel for Appellant :- Pushkar Kushwaha Counsel for Respondent :- C.S.C.,Nisheeth Yadav
Hon'ble Pankaj Mithal,J. Hon'ble Saumitra Dayal Singh,J.
The special appeal is directed against the order dated 24.05.2018 by which the writ petition of the petitioner- appellants has been dismissed.
The appeal is reported to be beyond time by 223 days.
Notwithstanding the aforesaid delay we find that the petitioner-appellants are claiming part of the unpaid honorarium/stipend for the period 2004 to 2007 in terms of the government order dated 14.01.2004.
The writ petition was filed in the year 2018. Thus, the writ court dismissed the same observing that he is not incline to exercise discretion in the matter after the expiry of 11 years.
The jurisdiction under Article 226 is discretionary and extraordinary and therefore, if under the facts and circumstances, the court has opined that it is not a fit case for exercising discretion particularly when there is such a long delay on part of the petitioner-appellants, we do not think it deserves any interference in appeal.
The appeal is devoid of merit. It is accordingly, dismissed on the ground of delay as well as merit leaving it open to the petitioner-appellants to recover the dues, if any, by taking recourse to other remedies that may be available to them in law.
Order Date :- 22.2.2019 piyush