Court No. - 40
Case :- SPECIAL APPEAL DEFECTIVE No. - 968 of 2020
Appellant :- Pankaj Goyal
Respondent :- State Of U.P. And 2 Others
Counsel for Appellant :- Yogendra Kumar Srivastava,Anita Srivastava
Counsel for Respondent :- C.S.C.,Yogendra Singh Bohra
Hon'ble Munishwar Nath Bhandari,J. Hon'ble Rohit Ranjan Agarwal,J.
Order on C.M. Delay Condonation Application No. 2 of 2020 An application for condonation of delay has been filed. The delay is of 285 days in filing of the appeal.
No justified reason has been given for condoning the delay, but before an order of it, we are first touching the merit of the case.
Order on Memo of Appeal By this appeal, a challenge is made to the judgment dated 04.12.2019 by which the writ petition of the appellant was dismissed.
It is a case where the appellant made an application for his transfer from district Aligarh to district Hathras while he was working as Assistant Teacher in primary school. During the pendency of the application, the appellant was promoted as Head Master. The application for transfer was accepted and accordingly the appellant was transferred to the post of Assistant Teacher in primary school at Aligarh. The appellant not only joined but worked for more than three years before filing of the writ petition.
The appellant challenged the action of respondents by filing writ petition stating that he being promoted as Head Master should have posted accordingly. The writ petition has been dismissed mainly on the ground of delay and laches because the grievance in reference to the post of Head Master was raised after three years of joining of the post at Aligarh.
Learned counsel appearing for the respondents has even drawn our attention to the order dated 05.08.2016 where transfer of the appellant was on his request on the post of Assistant Teacher. The name of the appellant appears at serial No. 2 to the order. Since the appellant was reverted to lower post of Assistant Teacher on his request, no objection to it was ever raised on or before joining and even within reasonable period. The challenge to the action of the respondents and to say that petitioner should have been posted on the post of Head Master was made after three years of joining and that too without a challenge to the order dated 05.08.2016. The writ petition was hit by laches, thus, rightly dismissed by the learned Single Judge.
Finding no reason to cause interference in the impugned judgment, the appeal is dismissed.
As we do not find merit even in the application for condonation of delay, thus, the application also stands dismissed.
Order Date :- 8.1.2021
//Nirmal//