The Single Judge dismissed a writ petition for inordinate delay. The appellant appealed, but this Special Appeal was dismissed after the delay condonation application failed, as the appellant had slept over his rights by pursuing the matter with the manager for too long.
No relief granted to the appellant.
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Court No. - 39
Case :- SPECIAL APPEAL DEFECTIVE No. - 294 of 2018
Appellant :- Dinanath Yadav Respondent :- State Of U.P. And 3 Others Counsel for Appellant :- Ashish Gupta,Vishnu Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Dilip Gupta,J. Hon'ble Neeraj Tiwari,J.
In regard to the selections made for Class-IV posts in the institution in 2009, the petitioner-appellant filed a writ petition in 2018 to assail the order dated 22 December 2011 passed by the District Inspector of Schools pursuant to the directions issued on 10 May 2011 in Writ-A No.26258 of 2011 filed by Jai Prakash Shukla and some others.
It is stated by learned counsel for the appellant that Dina Nath Yadav-the present petitioner was not a party in the aforesaid writ petition. The learned Judge dismissed the writ petition for the reason that no satisfactory explanation had been offered for the inordinate delay.
All that is submitted by learned counsel for the appellant at the time of hearing of the appeal is that the appellant was pursuing the matter with the Manager of the Institution.
The selection was made in 2009. We see no good reason as to why the petitioner should be pursuing the matter with the Manager for such a long time. Indeed the appellant did sleep over his rights.
The learned Judge was, therefore, justified in dismissing the writ petition.
The Special Appeal is, accordingly, dismissed. Order Date :- 21.5.2018 GS
(Dilip Gupta, J.)
(Neeraj Tiwari, J.)
Court No. - 39
Case :- SPECIAL APPEAL DEFECTIVE No. - 294 of 2018
Appellant :- Dinanath Yadav Respondent :- State Of U.P. And 3 Others Counsel for Appellant :- Ashish Gupta,Vishnu Kumar Srivastava
Counsel for Respondent :- C.S.C.
Hon'ble Dilip Gupta,J. Hon'ble Neeraj Tiwari,J.
Civil Misc. Delay Condonation Application No.1 of 2018 :
This application has been filed for condoning the delay in filing the Special Appeal.
In view of the averments made in the affidavit filed in support of the application under Section 5 of the Limitation Act, we are satisfied that the applicant was prevented by sufficient cause from preferring the Special Appeal within the period of limitation.
The application is, accordingly, allowed.
Order Date :- 21.5.2018 GS
(Dilip Gupta, J.)
(Neeraj Tiwari, J.)
1 issue framed by the court
Whether the Special Appeal should be admitted given the inordinate delay in pursuing the matter with the institution manager.
Dinanath Yadav
State Of U.P.
Dilip Gupta
Neeraj Tiwari
As recorded by the court registry
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