C.M. Application No. 40487 of 2008
IN
Special Appeal (D) No. 271 (S/B) of 2008
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Hon’ble C.K. Prasad,CJ
Hon’ble Y.K. Sangal,J
This application has been filed for condoning the delay
in filing the appeal.
According to Stamp Reporter, the appeal is barred by
limitation by 11 months 12 days.
Various reasons, which prevented the appellants from
filing the appeal within time, have been enumerated in the
affidavit filed in support of the application.
We are of the opinion that the same constitute sufficient
cause for condoning the delay in filing the appeal.
Accordingly, the delay in filing the appeal is condoned.
Application stands allowed.
(C.K. Prasad,CJ)
(Y.K. Sangal,J)
Date: 22.01.2010.
RK/
C.M. Application No. 40490 of 2008
IN
Special Appeal (D) No. 271 (S/B) of 2008
****
Hon’ble C.K. Prasad,CJ
Hon’ble Y.K. Sangal,J
For orders, see our order of date passed on the memo of
appeal.
(C.K. Prasad,CJ)
(Y.K. Sangal,J)
Date: 22.01.2010.
RK/
Special Appeal (D) No. 271 (S/B) of 2008
The State of U.P. and another vs. Ram Harsh Maurya
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Hon’ble C.K. Prasad,CJ
Hon’ble Y.K. Sangal,J
List has been revised.
Nobody appears on behalf of the respondent.
Mrs. Sangeeta Chandra, learned Additional Chief
Standing Counsel, appears on behalf of the appellants.
Admit.
As the respondent is already represented, there is no
necessity of issuing notice to him.
While pressing for the interim relief, Mrs. Sangeeta
Chandra, learned Additional Chief Standing Counsel,
submits that the real issue involved in the writ petition was
as to whether the service rendered by the writ petitioner as
work charge employee shall qualify for pension. She
submits that the service rendered as a work charge employee
is not fit to be counted for pension and in this connection,
reliance has been placed on a Division Bench decision of
this Court in the case of Bansh Gopal vs. State of U.P. and
others reported in 2007 (1) AWC 891.
She points out that the learned Single Judge
proceeded on a wrong assumption that the writ petitioner
was claiming counting his temporary service.
During the pendency of the appeal, operation of the
impugned order shall remain stayed.
(C.K. Prasad,CJ)
(Y.K. Sangal,J)
Date: 22.01.2010.
RK/