This Special Appeal was dismissed as barred by limitation. Merits were examined, resulting in dismissal based on a prior order (Special Appeal Defective No.474 of 2018) holding government discretion to fix cut-off dates must be reasonable and non-discriminatory.
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Court No. - 21
Case :- SPECIAL APPEAL DEFECTIVE No. - 620 of 2017
Appellant :- State Of U.P. & 3 Others Respondent :- Ram Prasad Counsel for Appellant :- Subhash Rathi Counsel for Respondent :- Vashishtha Tiwari
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 provisions across 1 enactments
State Of U.P.
Ram Prasad
Govind Mathur
Chandra Dhari Singh
As recorded by the court registry
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