Chief Justice's Court Case :- SPECIAL APPEAL DEFECTIVE No. - 480 of 2010 Petitioner :- District Basic Education Officer Faizabad 2238 (S/S)2009 Respondent :- Nar Singh And Antoher Petitioner Counsel :- Jyotinjay Verma Respondent Counsel :- C.S.C.,Vishal Singh Hon'ble Ferdino Inacio Rebello, Chief Justice Hon'ble Devi Prasad Singh, J.
This special appeal has been filed along with an application for
condonation of delay.
In our opinion, the cause shown for delay in filing the appeal that
the appellants had filed a review petition, constitutes sufficient
cause to condone the delay. Accordingly, the delay in filing the
appeal is condoned. Application stands allowed.
The contention of the appellants had been that the respondent no.1,
original petitioner, would be entitled to pension only on
completion of 10 years’ regular service from the date the institution
received the grant-in-aid. This issue, it appears, has not been
answered by the learned Single Judge, who has proceeded, on the
footing that there was some documentary evidence, in the form of
granting increments and higher promotional scale, to hold that the
respondent no.1 was in regular service.
On behalf of the State, it is pointed out that there is a judgment of
the learned Single Judge to the effect that while considering the
issue of grant of pension, the aforesaid aspect is required to be
considered by the Court.
In our opinion, the issue as to whether the previous regular service
can be considered for the purpose of pension, requires
consideration by the learned Single Judge.
In view of the above, the impugned order is set aside and the
matter is remanded to the learned Single Judge to decide afresh in
the light of the aforesaid observation.
Learned counsel for the appellants undertakes to file counter
affidavit to the writ petition within four weeks from today.
The said undertaking is accepted. In case, the counter affidavit is
not filed within the aforesaid time, no further time will be granted
and the learned Single Judge will proceed with the matter on the
basis of the documents on record treating them as uncontested and
decide the matter expeditiously.
Needless to say that if the respondent no.1, original petitioner,
desires to file the rejoinder affidavit, he will be given two weeks’
time thereafter to file the rejoinder affidavit.
The appeal is allowed with the observations aforesaid.
(Devi Prasad Singh, J.) (F.I. Rebello, C.J.)
Order Date :- 20.7.2010
AHA
Order on C.M. Application No. 69876 of 2010
Hon’ble Ferdino Inacio Rebello, Chief Justice
Hon’ble Devi Prasad Singh, J.
Allowed.
For orders, see order of date passed on the special appeal.
(Devi Prasad Singh, J.) (F.I. Rebello, C.J.)
Order Date :- 20.7.2010
AHA