Court No. - 1 Case :- SPECIAL APPEAL DEFECTIVE No. - 16 of 2010 Petitioner :- State Of U.P.Through The Secretary P.W.D. [Ss 6501-2009] Respondent :- Surja (Beldar) S/O Sri Mangala And Others Petitioner Counsel :- C.S.C. Respondent Counsel :- J.P.Maurya Hon'ble Pradeep Kant,J.
Hon’ble Ritu Raj Awasthi,J.
This special appeal has been filed with a delay of one month and twenty five
days.
There is no objection, in case the delay is condoned.
We also feel that the delay is not such, so as to refuse to hear the special
appeal on merits.
The delay is, therefore, condoned.
Respondents are represented by Sri Jagdish Prasad Maurya.
Learned counsel for the State Sri Anuj Kudesia has submitted that the order
dated 14.10.09 passed by the learned Single Judge is based upon the
judgement passed in Writ Petition No. 4489 (SS) of 2002: Hansa Dutt
Bahuguna and others vs. State of U.P. and another, which judgement was
passed on the basis of the judgement of the apex court in the case of State of
Haryana and others v. Ravindra Kumar and others passed in Civil Appeal
No. 6740-6741 of 1997 but since the judgement in the case of Ravindra
Kumar has been distinguished in view of the case of Punjab State Electricity
Board and others v. Jagjiwan Ram and others, (2009) 3 SCC 661, therefore,
the respondents cannot be allowed the benefit of time bound promotional
scale etc. as directed by the learned Single Judge.
We, therefore, stay the order dated 14.10.09 passed by the learned Single
Judge.
List this matter in the next month for orders/hearing.
Order Date :- 12.1.2010
MFA