Court No. - 55
Case :- SPECIAL APPEAL DEFECTIVE No. - 855 of 2011 Appellant :- State Of U.P. Thru Secry. Pashupalan Vibhag And Others Respondent :- Vinod Lal Saxena Counsel for Appellant :- U.S. Mishra S.C.
Counsel for Respondent :- D.S. Mani Tripathi
Hon'ble Vikram Nath,J.
Hon'ble Saurabh Shyam Shamshery,J.
Heard Sri Gopal Chandra Saxena, learned Standing Counsel for the State-respondents and Sri D. S. Mani Trpathi, learned Counsel for the respondent.
The learned Single Judge by the order under challenge has partly allowed the writ petition holding that the writ petitioner was entitled for HRA for the period December, 2007 to September, 2008 alongwith interest @ 8% p. a. and has also imposed costs of Rs.5,000/-. In the appeal, there was no interim order and apparently, the State must have complied with the directions of the learned Single Judge. We further find that the writ petitioner was aged about 61 years when he had filed the writ petition and was also a retired person. After 10 years, we find no reason to entertain this appeal against an order which is well- reasoned, based upon the relevant case laws and the finding of the learned Single Judge that the writ petitioner was entitled for payment of the HRA which had been wrongly denied by the State.
Appeal is accordingly dismissed.
Order Date :- 22.1.2019 lakshman [Saurabh Shyam Shamshery, J.] [Vikram Nath, J.] .
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Court No. - 55
C. M. Application No. 247300 of 2011 in re:
Case :- SPECIAL APPEAL DEFECTIVE No. - 855 of 2011 Appellant :- State Of U.P. Thru Secry. Pashupalan Vibhag And Others Respondent :- Vinod Lal Saxena Counsel for Appellant :- U.S. Mishra S.C.
Counsel for Respondent :- D.S. Mani Tripathi
Hon'ble Vikram Nath,J.
Hon'ble Saurabh Shyam Shamshery,J.
Heard Sri Gopal Chandra Saxena, learned Standing Counsel for the State-respondents and Sri D. S. Mani Trpathi, learned Counsel for the respondent.
The delay of 170 days has been satisfactorily explained in the affidavit filed in support of the delay condonation application.
Accordingly, the application is allowed and the delay is condoned.
Let the appeal be treated to be within time.
Order Date :- 22.1.2019 lakshman [Saurabh Shyam Shamshery, J.] [Vikram Nath, J.]