Court No. - 40
Case :- SPECIAL APPEAL No. - 1095 of 2018
Appellant :- Kuldeep Tiwari
Respondent :- U.P. Power Corporation And 2 Others
Counsel for Appellant :- Shiv Sagar Singh
Counsel for Respondent :- Abhishek Srivastava
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Ajit Kumar,J.
Heard Sri Shiv Sagar Singh, learned counsel for the appellant and perused the impugned order of the learned Single Judge who has declined to exercise discretion on the ground of delay.
Learned counsel for the appellant has relied on the Division Bench judgment in the case of Neeraj Kumar Singh Vs. State of U.P. and two others Writ-A No. 12344 of 2017 decided on 24.08.2017 and has also urged that the respondents have proceeded to offer appointment as late as on 23rd May 2018, and therefore, the appointment process being still open the consideration of the appellant can be made.
Sri Abhishek Srivastava, learned counsel for the Commission has pointed out that the sole case of one Rahul Singh Chandel for appointment had to be considered by the respondent keeping in view the fact that the said candidate had filed a writ petition in the year 2016 itself being Writ Petition No. 45800 of 2016, the compliance whereof was made in the year 2018. No other appointment was made and the selections had already been finalized and the slelections and appointments have already concluded.
Having considered the submissions raised the ratio of the Division Bench judgment in the case of Neeraj Kumar Singh (supra) clearly proceeded on it's peculiar fact where the State Government had not issued any appointment letters. Thus on facts, the aforesaid case is clearly distinguishable, inasmuch as, in the instant case, the selection process has been finalized and letters of appointment have already been issued. The individual case as pointed out by the learned counsel for the appellant was in relation to a writ petition that was filed in the year 2016 itself. In the instant case, the appellant filed his writ petition in October 2018.
In view of this, we are not inclined to interfere with the refusal by the learned Single Judge to exercise discretion.
The appeal is accordingly consigned to records.
Order Date :- 31.10.2018 M. ARIF