Court No. - 55
Case :- SPECIAL APPEAL DEFECTIVE No. - 767 of 2019 Appellant :- State Of U.P. And 6 Others Respondent :- Pancham Lal Pandey And 2 Others Counsel for Appellant :- Anand Kumar Ray Counsel for Respondent :- Ravi Pratap Singh
Hon'ble Vikram Nath,J. Hon'ble Pankaj Bhatia,J.
Order on Delay Condonation Application.
There is a delay of 96 days in filing the appeal. This application has been filed to condone the delay.
Cause shown for the delay has been satisfactorily explained.
There is no objection from the side of the respondents.
Delay condonation application is allowed and the delay is condoned.
Let the appeal be registered on regular side.
Order on Appeal.
Heard Sri A.K. Ray, learned counsel for the State-appellants and Sri Ravi Pratap Singh, learned counsel representing respondent no. 1, the contesting respondent.
At the outset, respondent no. 1 placed before us the judgement of the Division Bench dated 14.05.2019 passed in Special Appeal No. 578 of 2019 (Neeraj Kumar Mishra v. Pancham Lal Pandey & 8 others) whereby Division Bench dismissed the special appeal filed against the same judgement of the learned Single Judge which is under challenge in this appeal.
Neeraj Kumar Mishra the appellant in the aforesaid appeal was the affected party in the writ petition and was adversely affected by the judgement of the learned Single Judge. Since, the appeal filed by the Neeraj Kumar Mishra has already been dismissed, this appeal by the State which has only the liability to pay to the teachers up to the sanctioned strength, and the respondent no. 1 falling within the sanctioned strength, we do not find any merit in the appeal of the State.
The appeal is, accordingly, dismissed.
Order Date :- 22.8.2019 P Kesari [Pankaj Bhatia, J.] [Vikram Nath, J.]