Civil Misc. Delay Condonation Application No.1 of 2018 In Case :- SPECIAL APPEAL DEFECTIVE No. - 639 of 2018 Appellant :- Vinay Kanaujiya And Another Respondent :- State Of U.P. And 3 Others Counsel for Appellant :- Ray Sahab Yadav Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Bachchoo Lal,J.
Heard Sri Ray Sahab Yadav, learned counsel for the appellants.
There is a delay condonation application. We have considered the submissions raised and we find that the delay has been sufficiently explained. The delay is condoned and appeal shall be treated to be within time. The office shall give a regular number to the appeal.
Order Date :- 18.9.2018 saqlain .
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Case :- SPECIAL APPEAL DEFECTIVE No. - 639 of 2018 Appellant :- Vinay Kanaujiya And Another Respondent :- State Of U.P. And 3 Others Counsel for Appellant :- Ray Sahab Yadav Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Bachchoo Lal,J.
Heard Sri Ray Sahab Yadav, learned counsel for the appellants and the learned standing counsel for the respondent Nos. 1, 2 and 4 and Sri A.K. Yadav for the respondent No.3.
The judgment impugned in the present writ petition is a common judgment delivered in a large number of writ petitions including the writ petition filed by the appellants being Writ Petition No.39733 of 2013 Alok Kumar Pal and 46 others Vs. State of U.P. and others. All the writ petitions were dismissed by a common judgment dated 06.12.2017. Special Appeal Defective No.16 of 2018 was filed against the same judgment by Ram Chandra and 17 others and the said special appeal has been finally allowed on 14th August, 2018 setting aside the judgment of the learned single Judge and the appellants therein were declared eligible to be considered for appointment as Instructor in Art Education in accordance with the Government Order dated 31.01.2013. The respondent authorities were directed to consider the candidature of the appellants therein for the post aforesaid.
Having gone through the judgment dated 14th August, 2018 in the case of Ram Chandra and others (supra) we find that the case of the appellants is squarely covered by the said judgment. We see no reason to differ from the same. The appellants therefore also deserve the same relief.
Consequently, the impugned order of the learned Single Judge dated 06.12.2017 is set aside insofar as the appellants are concerned with a direction to the respondent authorities to consider the claim of the appellants in terms of the Government Order dated 31.01.2013 treating them to be eligible. Orders be passed accordingly within two months from the date of production of the certified copy of the order.
Appeal allowed.
Order Date :- 18.9.2018 saqlain