Hon'ble Rohit Ranjan Agarwal,J.
Heard on the application for condonation of delay so as the appeal to challenge the judgment dated 15.03.2019.
It is a case where a joint writ petition was filed and dismissed by learned Single Judge by judgment dated 15.03.2019. The joint writ petitioners preferred appeal against the judgment and the same has been allowed in Special Appeal Defective No. 684 of 2019 by judgment dated 01.08.2019. It was unfortunate for appellant (dependant of deceased petitioner) that he could not know about the pendency of the writ petition as his father died during the pendency of the writ petition. In any case it is a settled law that a judgment cannot operate against the dead person and accordingly not only the prayer for condonation of delay has been made but further prayer is to set aside the judgment dated 15.03.2019 or to make it inoperative in respect of the deceased and accordingly the appellant may be allowed to seek reconsideration of the application for compassionate appointment.
Learned Standing Counsel appearing for the State has initially contested the application for condonation of delay so as the appeal but fairly conceded that judgment of learned Single Judge dated 15.03.2019 has been set aside by the Division Bench by its judgment dated 01.08.2019. It is also that during the pendency of the writ petition, appellant's father died, thus, judgment of learned Single Judge would not operate against the dead person. However, prayer is yet to dismiss the appeal.
We have considered the submissions made by the counsel for the parties and perused the record.
The fact not in dispute is that a joint writ petition was preferred by appellant's father and others. During the pendency of the writ petition, appellant's father died and as legal heirs were not aware of the pendency of the writ petition, an application to bring the legal heirs on record could not be preferred. In any case, the judgment was rendered by learned Single Judge on 15.03.2019 though the said judgment cannot strictly apply against the deceased and otherwise it was set aside by the Division Bench by its judgment dated 01.08.2019.
Taking all facts into consideration, we find reason to condone the delay in filing the appeal to challenge the judgment dated 15.03.2019 and, accordingly, the application is allowed.
We find reasons to set aside the judgment dated 15.03.2019 rather to direct it to be governed by the judgment of Division Bench dated 01.08.2019 and otherwise the impugned judgment of learned Single Judge remain inoperative against the deceased.
The finding aforesaid is recorded not for extending any benefit of the deceased other than what has been given by the Division Bench but for the further reason that an application for compassionate appointment moved by appellant was rejected in reference to the judgment dated 15.03.2019, passed by learned Single Judge, thus, we hold that the judgment dated 15.03.2019 should not be operative against the deceased or alternatively it should be governed by subsequent judgment of Division Bench dated 01.08.2019.
With the aforesaid, the appeal is disposed of and as a consequence of it, respondents are directed to reconsider the application of appellant for compassionate appointment and pass an order afresh.
Order Date :- 6.1.2021/ V.S.Singh