Allowed

Ram Badan Singh v. the District Inspectors of Schools and Anr.

Allahabad HC25 May 2018SPLAD/316/2018

Case brief

AI extract

What is this about?

In a civil miscellaneous application filed to condone delay, the Single Judge allowed the Special Appeal against a judgment dismissing a writ petition for salary arrears. The Court set aside the impugned order, restored the writ petition to its original number Writ-A No.2796 of 1997, and directed that counsel for the petitioner be listed. The Special Appeal was allowed.

What did the court decide?

The Special Appeal was allowed; the judgment dated 1 February 2018 was set aside; the writ petition was restored to its original number (Writ-A No.2796 of 1997).

Ram Badan Singh Vs the District Inspectors of… — Service and Employment | Allahabad HC (2018)

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Court No. - 39

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Case :- SPECIAL APPEAL DEFECTIVE No. - 316 of 2018

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Appellant :- Ram Badan Singh Respondent :- The District Inspectors Of Schools And Anr

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Counsel for Appellant :- Hritudhwaj Pratap Sahi,Vijay Kumar Singh Counsel for Respondent :- C.S.C.

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Hon'ble Dilip Gupta,J. Hon'ble Neeraj Tiwari,J.

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Civil Misc. Delay Condonation Application No.1 of 2018 :

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This application has been filed for condoning the delay in filing the restoration application.

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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.

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The application is, accordingly, allowed and the delay in filing the Special Appeal is condoned.

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Order Date :- 25.5.2018 GS

(Dilip Gupta, J.)

(Neeraj Tiwari, J.)

Court No. - 39

Case :- SPECIAL APPEAL DEFECTIVE No. - 316 of 2018 Appellant :- Ram Badan Singh Respondent :- The District Inspectors Of Schools And Anr Counsel for Appellant :- Hritudhwaj Pratap Sahi,Vijay Kumar Singh Counsel for Respondent :- C.S.C.

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Hon'ble Dilip Gupta,J. Hon'ble Neeraj Tiwari,J.

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This Special Appeal has been filed against the judgment and order dated 1 February 2018 of a learned Judge of this Court by which Writ-A No.2796 of 1997 that had been filed for a direction upon the respondents to pay arrears of salary as also the future salary, has been dismissed.

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It is submitted that by learned counsel for the appellant that the counsel for the petitioner could not appear before the learned Judge as the case could not be marked. It is also submitted that cause of action still survives but as the matter has been decided on merits, a recall application cannot be filed.

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In the absence of counsel for the petitioner, the learned Judge has, after reading the pleadings, found that the petitioner has not been able to make out a case for the Court to interfere. The learned Judge has also observed that the matter may have been rendered infructuous as counsel for the petitioner has not appeared. It was not possible for the learned counsel for the petitioner to have appeared before the Court as the case could not be marked.

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We, therefore, in the facts and circumstances of the case, set aside the judgment and order dated 1 February 2018 and restore the writ petition to its original number. When the writ petition is listed, the name of counsel for the petitioner shall be shown in the cause list.

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The Special Appeal is allowed.

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Order Date :- 25.5.2018 GS

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(Dilip Gupta, J.)

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(Neeraj Tiwari, J.)

Ram Badan Singh v. the District Inspectors of Schools and Anr.

Case brief

What is this about?

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Ram Badan Singh v. the District Inspectors of Schools and Anr.

Case brief

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