Court No. - 40
Case :- SPECIAL APPEAL No. - 1083 of 2018 Appellant :- Soharat Prasad Respondent :- State Of U.P. And 3 Others Counsel for Appellant :- Madhaw Prasad Counsel for Respondent :- C.S.C.
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Ajit Kumar,J.
Heard Sri Madhaw Prasad, learned counsel for the appellant.
The challenge raised is to the judgment of the learned Single Judge who has refused to exercise discretion under Article 226 of the Constitution of India on the ground that the appellant has already retired from service and therefore it will not be appropriate to entertain the writ petition for extending any such benefit for allowing the appellant to continue till the end of the session which period expired about one year back.
We are entirely in agreement with the judgment of the learned Single Judge and even otherwise this was not a fit case where interference was called for.
The special appeal is accordingly rejected.
Order Date :- 29.10.2018 M. ARIF