Court No. - 34
Case :- SPECIAL APPEAL DEFECTIVE No. - 386 of 2019 Appellant :- Sampurnanand Sanskrit Vishwavidyalaya And Another Respondent :- State Of U.P. And Another Counsel for Appellant :- Ved Byas Mishra Counsel for Respondent :- C.S.C.,Shashi Kant Dwivedi
Hon'ble Sudhir Agarwal,J. Hon'ble Rajendra Kumar-IV,J.
1. With the consent of learned counsel for parties we proceed to hear and decide the appeal finally at the stage under the Rules of the court.
2. Heard Sri Ved Byas Mishra, learned counsel for the appellants, Sri Shashi Kant Dwivedi, learned counsel for respondent 2, learned Standing Counsel for respondents 1 and perused the record.
3. This intra-Court appeal under Chapter VIII Rule 5 of Allahabad High Court Rules, 1952 (hereinafter referred to as "Rules, 1952") has arisen from judgment dated 20.09.2018 passed by learned Single Judge in Writ Petition No.22831 of 2008 whereby learned Single Judge has allowed writ petition of petitioner-respondent 2 namely Nigmeshwar Pandey with the following directions :
“21. In the light of the narrative in the preceding paragraphs -
(I) The claim of the petitioner for being regularised/ absorbed in the respondent university against a sanctioned post is lawful and valid.
(II) The petitioner is similarly situated to the four employees who were absorbed by order dated 2.2.2008.
(III) The petitioner is found to be entitled to be regularised /absorbed in the respondent University from the date of the absorption of the four employees who was absorbed against the regular sanctioned posts by letter dated 2.2.2008.”
4. Learned counsel for appellants contended that at the time of regularization of others, petitioner-respondent 2 was not in service and 2 had already left the institution but when asked the date on which according to appellants petitioner had left the institution, neither any date could be informed to the Court nor there is any pleading to this effect except a vague assertion that petitioner-respondent has left the institution, therefore, he was not considered for regularization. He also could not tell that with whom he was attached to discharge his duties and who reported to Regularization Committee that he has left the job. On this aspect also no reply has come and even there is no pleading otherwise in the counter affidavit filed before learned Single Judge nor even in appeal before this Court.
5. In these facts and circumstances, we are clearly of the view that petitioner-respondent 2 has been singled out and treated in a discriminatory manner hence learned Single Judge has rightly allowed writ petition and we find no fault in the judgment passed by learned Single Judge allowing writ petition.
6. Appeal, therefore, lacks merit. Dismissed.
Order Date :- 30.4.2019 KA
Court No. - 34
Case :- SPECIAL APPEAL DEFECTIVE No. - 386 of 2019 Appellant :- Sampurnanand Sanskrit Vishwavidyalaya And Another Respondent :- State Of U.P. And Another Counsel for Appellant :- Ved Byas Mishra Counsel for Respondent :- C.S.C.,Shashi Kant Dwivedi
Hon'ble Sudhir Agarwal,J. Hon'ble Rajendra Kumar-IV,J.
Civil Misc. Delay Condonation Application No.1 of 2019
1. This is an application seeking condonation of delay in filing appeal.
2. Heard.
3. Cause shown is sufficient.
4. Delay in filing appeal is hereby condoned.
5. This application, accordingly, stands allowed.
6. Let appeal be registered with regular number and old number shall also continue to be shown in bracket for finding out details of case, whenever required by parties with reference to either of the two number.
Order Date :- 30.4.2019 KA