Hon'ble Manish Mathur,J.
(ORAL)
1. Devendra Singh has preferred this special appeal directed against judgment dated 9.7.2009 rendered in Writ Petition No.1880 (SS) of 2005 titled 'Devendra Singh vs. State of U.P. and another'.
Vide the impugned judgment while relying on 2003(21)LCD 1192, Riasat Ali vs. State of U.P., the writ petition of the appellant was dismissed. It has been held that appellant writ petitioner was serving as a Home Guard and therefore, was not holding a civil post.
2. Learned Single Judge has noticed the relevant law. It has further been noticed that the counsel for the writ petitioner could not cite any other judgment to the contrary in context of the post of Home Guard.
3. Learned counsel for the appellant has not appeared to prosecute the appeal. The appeal itself relates to the year 2010. Nine years have gone by. The writ petition was filed in the year 2005 when the appellant-writ petitioner was 48 years of age.
4. We find no reason to interfere with well reasoned judgment rendered by learned Single Judge, in Special Appeal jurisdiction. The view has been taken on the basis of case law which the appellant has not disputed, by non-appearance.
5. Dismissed.
Order Date :- 27.8.2019 Madhu