Court No. - 29
Case :- SPECIAL APPEAL No. - 1755 of 2013
Appellant :- Shankar Prasad
Respondent :- The Dy. Director Of Education And 2 Others
Counsel for Appellant :- T.N. Tiwari
Counsel for Respondent :- C.S.C.,A.K.Singh
Hon'ble Pankaj Mithal,J. Hon'ble Rohit Ranjan Agarwal,J.
Order on Civil Misc. Delay Condonation Application No. 3 of 2019 and Recall/ Restoration Application No. 3 of 2019.
The appeal was dismissed as infructuous vide order dated 23.01.2019 on the statement of the counsel holding brief of learned counsel for the appellant.
An application has been filed for recall of the above order on the ground that the aforesaid statement was made under some misconception by the junior colleague though, in fact, the matter relates to post retiral benefits and requires to be adjudicated on merit.
The application is accompanied by another application for condoning the delay in filing the recall application.
We have perused the averments made in this application and are satisfied that the appellant has sufficiently explained the delay in filing the recall application.
Accordingly, the delay in filing the application is condoned.
Since the matter is not infructuous and the statement made by counsel holding brief of learned counsel for the appellant was incorrect, we deem it proper to recall the said order dated 23.01.2019 and direct that the appeal be listed before appropriate Bench for consideration on merits.
The delay condonation application no. 3 of 2019 and recall/ restoration application no. 3 are allowed.
Order Date :- 27.9.2019 V.S.Singh