Chief Justice's Court Case :- SPECIAL APPEAL DEFECTIVE No. - 703 of 2010 Petitioner :- State Of U.P. & Others Respondent :- Nand Kishore Chourasia Petitioner Counsel :- Dr. Y.K. Srivastava, S.C. Respondent Counsel :- A.B. Singh Hon'ble Ferdino Inacio Rebello,Chief Justice Hon'ble Amreshwar Pratap Sahi,J.
On behalf of the Appellants-State, learned Chief Standing Counsel
submits that the view taken in the case of Kalika Prasad Vs. State
of U.P. & Others (Writ Petition No.45 (S/S) of 2005, decided on
9.4.2007), that the employee of District Rural Development
Agency (DRDA) will be retired at the age of 60 years, is contrary
to the conditions of service, as the fundamental rules do not apply
to those employees, who are employees of a Society and are not
holding the government post.
Our attention is also invited to the interim orders passed earlier in
similar matters.
In the light of that and considering the request made on behalf of
the private respondent for adjournment, the impugned judgment
and order dated 23.3.2010 passed by the learned Single Judge,
shall remain stayed pending further orders.
List this matter along with Special Appeal (D) No.119 of 2010 on
05th of August, 2010 with a notice to the private respondent that
the matter will be heard and finally disposed of on 05th of August,
2010.
It will be open to the learned Chief Standing Counsel to give list of
all such other cases also.
Order Date :- 3.8.2010
VMA
(F.I. Rebello, CJ)
(A.P. Sahi, J)
Civil Misc. (Delay Condonation) Application No.218072 of
2010
In re:
Case :- SPECIAL APPEAL DEFECTIVE No. – 703 of 2010
Petitioner :- State Of U.P. & Others
Respondent :- Nand Kishore Chourasia
Petitioner Counsel :- Dr. Y.K. Srivastava, S.C.
Respondent Counsel :- A.B. Singh
Hon’ble Ferdino Inacio Rebello,Chief Justice
Hon’ble Amreshwar Pratap Sahi,J.
This is an application under Section 5 of the Limitation Act for
condoning the delay in filing the appeal.
Considering the cause shown in the affidavit filed in support of the
delay condonation application, the delay in filing the appeal is
condoned. Application stands allowed.
Office to register the appeal.
Order Date :- 3.8.2010
VMA
(F.I. Rebello, CJ)
(A.P. Sahi, J)