Hon'ble Jaspreet Singh,J.
Heard Sri Mohit Jauhari, learned counsel for the State-appellant.
This special appeal has been filed by the State beyond time by 690 days preferred against the Judgement and order dated 31.07.2017 passed by learned Writ Court in Service Single No. 8165 of 1991 (Sushil Kumar Dixit Vs. District Inspector of Schools, Lucknow and others).
Considering the facts that the respondent- writ petitioner's termination orderwas stayed vide order dated 17.12.1991 pursuant to which, the writ petitioner-respondent continued in service and his salary was also duly paid. The termination order dated 01.10.1991 was passed without obtaining prior approval under the provisions of U.P. Intermediate Education Act, 1921 while on the subject, law is settled in the case of Shanker Sharan Vs. Vasli Inter College, reported in 1991 (1) U.P.L.B.E.C., 467 wherein it has been held that approval is must under Regulations 31 and 45 of Chapter II of the Intermediate Education Act, 1921.
The Judgement and order impugned in the present appeal was passed on 31.07.2017 and when the same was not complied with, Contempt Petition No. 2906 (C) of 2017 was filed, which was disposed of vide order dated 21.12.2017 pursuant to order dated 21.12.2017, the writ petitioner-respondent preferred a representation for grant of terminal dues and salarybut the same was rejected. Against which order, the writ petitioner-respondent again filed Writ Petition being No. 6705 (S/S) of 2018 which was allowed vide Judgement and order dated 27.02.2019 and the learned Writ Court directed the State-appellants to pay the salary to the writ petitioner-respondent of the period for which he had worked since 17.12.1991.
On due consideration of the aforesaid, we are of the view, that the appellants had full knowledge of the Judgement and order passed in the year 2017 within time and knowingly, deliberately no appeal has been filed against the impugned Judgement and order.
Considering the aforesaid facts and circumstances of the case, no plausible explanation of 690 days has been given in the affidavit accompanying the delay condontion application.
The C.M.A. No.97162 of 2019 for condoning the delay lacks merit and is accordingly, dismissed.
Consequently, the special appeal is also dismissed.
[Jaspreet Singh,J.] [Pankaj Kumar Jaiswal,J.] Order Date :- 27.8.2019 S.Ali