In a special appeal against an order concerning government administrative decisions, the High Court dismissed the appeal. The Court held that the appeal was barred by limitation due to a 252-day delay, rendering further examination of merits unnecessary.
Appeal dismissed as barred by limitation.
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Court No. - 21
Case :- SPECIAL APPEAL DEFECTIVE No. - 616 of 2017
Appellant :- State Of U.P. & 3 Others Respondent :- Shekh Alauddin Counsel for Appellant :- Subhash Rathi Counsel for Respondent :- Krishna Mohan Misra
Hon'ble Govind Mathur,J. Hon'ble Chandra Dhari Singh,J.
This appeal is barred by limitation from 252 days. An application is preferred under Section 5 of the Limitation Act seeking condonation of the same. Ignoring the delay in filing the appeal, we have looked into the merits of the case.
Learned counsel are in agreement that the issue involved in this appeal is no more res integra in the light of the order dated 29.08.2018 passed in bunch of appeals lead by Special Appeal Defective No.474 of 2018, State of U.P. and others vs. Prahlad Singh.
In the appeal aforesaid this Court held that Government is having a broad discretion to fix a cut of date to apply any of its administrative decision but such decision is always required to be reasonable, uniform and justifiable in eye of law and learned Single Bench, in quite specific terms, noticed unreasonability and discrimination in fixing the cut of date to apply administrative decision of the Government for raising the age of superannuation for the persons similarly situated.
The instant special appeal is also dismissed in terms of the order referred above
Order Date :- 17.9.2018 Asha
(Chandra Dhari Singh,J.) (Govind Mathur,J.)
1 issue framed by the court
Whether the special appeal, filed with a delay of 252 days, was barred by limitation?
Colour shows how this judgement treated each authority
Special Appeal Defective No.474 of 2018, State of U.P. and others vs. Prahlad SinghRelied on¶7
State Of U.P. & 3 Others
Shekh Alauddin
Govind Mathur
Chandra Dhari Singh
As recorded by the court registry
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