Court No. - 55
Case :- SPECIAL APPEAL DEFECTIVE No. - 766 of 2019 Appellant :- Brajpal Singh Respondent :- State Of U.P. And 3 Others Counsel for Appellant :- Dr. Neel Kamal Sharma Counsel for Respondent :- C.S.C.,Shivam Yadav
Hon'ble Vikram Nath,J. Hon'ble Pankaj Bhatia,J.
Order on Delay Condonation Application.
There is a delay of 54 days in filing the appeal. This application has been filed to condone the delay.
Cause shown for the delay has been satisfactorily explained.
There is no objection from the side of the respondents.
Delay condonation application is allowed and the delay is condoned.
Let the appeal be registered on regular side.
Order on Appeal.
Heard Dr. Neel Kamal Sharma, learned counsel for the appellant, Sri A.P. Paul, learned counsel for the State- respondents and Sri Shivam Yadav, learned counsel representing respondent nos. 2, 3 & 4.
It is admitted position that in the previous round of litigation before this Court, the appellant had not claimed interest for the period for which delay had been caused in making the payment of the arrears of salary. Pursuant to the order passed by the writ court in the earlier round of litigation the arrears of salary have since been paid. Now, the appellant has approached this Court again claiming interest on the delayed period of payment. The learned Single Judge declined to award interest as the same had not been claimed in the earlier round.
We do not find any infirmity in the order passed by the learned Single Judge as all possible reliefs ought to have been claimed at the first instance. Reliefs cannot be splitted and claimed in the piecemeal. The same would be barred by settled principles in the Code of Civil Procedure.
The appeal lacks merit and is, accordingly, dismissed.
Order Date :- 22.8.2019 P Kesari [Pankaj Bhatia, J.] [Vikram Nath, J.]