Court No. - 55
Case :- SPECIAL APPEAL DEFECTIVE No. - 726 of 2019 Appellant :- State Of U.P. And 4 Others Respondent :- Pramod Kumar Tiwari Counsel for Appellant :- Rajiv Singh Counsel for Respondent :- Prashant Shukla Hon'ble Vikram Nath,J. Hon'ble Pankaj Bhatia,J.
Order on Civil Misc. Delay Condonation Application No. 1 of 2019
Heard Sri Rajeev Singh, learned Standing Counsel for the State- appellants and Sri Prashant Shukla, learned counsel representing the sole respondent.
This is an application to condone the delay of 92 days in filing special appeal.
Cause shown is sufficient.
The delay in filing the special appeal is condoned. The application is allowed.
Order on Memo of Appeal The admitted fact of the case, as of date, is that neither any departmental proceeding nor any judicial proceeding were pending on the date of retirement of the respondent no. 1 nor have been instituted even after his retirement on 31st July, 2018. In such circumstances, the learned Single Judge was of the view that withholding of post retiral dues and pension would be contrary to the relevant provisions applicable, in particular Regulations 351-A, 351-AA and 919-A of the Civil Services Regulations. Accordingly, the learned Single Judge after quashing the impugned order directed the respondents to compute the pensionary benefits payable to the petitioner.
Thus, we do not find any infirmity in the order of the learned Single Judge warranting interference by this Court. It is always open to the appellants to take such steps as may be permissible under law and thereafter impose appropriate restrictions as may be permitted under law.
Appeal is, accordingly, dismissed.
Order Date :- 26.8.2019 SR
[Pankaj Bhatia, J.] [Vikram Nath, J.]