Hon'ble Jaspreet Singh,J.
Heard Sri Q. H. Rizvi, learned Standing Counsel for the appellants and Sri Gyanendra Kumar Pandey, learned Counsel for the respondent. This Special Appeal has been filed against an order dated 15.3.2019 passed in Writ Petition No. 7758 (SS) of 2019, Dharmendra Fugat v. U. P. Police Recruitment & Promotion Board through Chairman & Others whereby the learned Writ Court relying on the decision of the order dated 26.4.2017 passed in Writ Petition No. 15721 (SS) of 2016 disposed of the writ petition with a direction that the benefit of the aforesaid order dated 26.4.2017 shall also be available to the respondent. Brief facts of the present case are that in pursuance of the advertisement issued for recruitment in U. P. Police Department for the posts of Constables, Constables P.A.C. and Fireman, the respondent applied on 25..2013 and thereafter, he appeared in the preliminary written examination held on 15.12.2013. He was selected and a letter has been issued for scrutiny of records and medical examination. As he was not well and was suffering from high fever and was confined to bed from 25.8.2018 to 10.9.2018, therefore, he could not appear before the authority concerned. Learned Counsel for the appellants has submitted that in the case relied upon by the learned Single Judge, the petitioner applied for the post of Sub-Inspector under the U. P. Recruitment of Dependents of the government Servants Dying-in-Harness Rules, 1974 and in the aforesaid case, the petitioner was suffering from jaundice and has been advised to three weeks rest and therefore, he could not mark his presence before the authority concerned to participate in the physical test. Thus his submission is that the aforesaid judgment will not applicable to the present case. On due consideration of the aforesaid so also the order dated 26.4.2017 passed in Writ Petition No.15721 (SS) of 2016, we are of the view that the case of the present petitioner is squarely covered by the aforesaid judgment as the petitioner was unwell from 25.8.2018 to 10.9.2018 and therefore, the learned Writ Could has rightly disposed of the writ petition relying upon the aforesaid order. No case is made out to interfere with the aforesaid order passed by the learned Single Judge. The Special Appeal lacks merit and is accordingly dismissed.
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[Jaspreet Singh, J.] [Pankaj Kumar Jaiswal, J.] Order Date :- 26.8.2019 lakshman .
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Court No. - 1 C. M. Application No. 94562 of 2019 in re:
Case :- SPECIAL APPEAL DEFECTIVE No. - 346 of 2019 Appellant :- U.P.Police Recruitment & Promotion Board Lucknow And Ors. Respondent :- Dharmendra Fudgat Counsel for Appellant :- C.S.C.
Counsel for Respondent :- Gyanendra Kumar Pandey Hon'ble Pankaj Kumar Jaiswal,J.
Hon'ble Jaspreet Singh,J.
Heard Sri Q. H. Rizvi, learned Standing Counsel for the applicants/appellants and Sri Gyanendra Kumar Pandey, learned Counsel for the respondent. The instant appeal has been filed beyond 118 days.
As sufficient cause has been shown, the application is allowed and the delay in filing the appeal is condoned. Let the appeal be treated to be within time.
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[Jaspreet Singh, J.] [Pankaj Kumar Jaiswal, J.] Order Date :- 26.8.2019 lakshman