Dismissed

C/M Madarsa Darul Uloom Hanifya Moiniya Islamiya and 2 Ord v. State of U.P. and 2 Ors.

Allahabad HC24 Sept 2018SPLAD/643/2018

Case brief

AI extract

What is this about?

Special appeal filed by employees regarding withheld salary was dismissed as premature because the single Bench had not rejected the interim relief application, only fixed it for future consideration. The court recommended expeditious hearing of the underlying writ petition.

What did the court decide?

The appeal was dismissed as it was filed without necessity since the lower court had not rejected the interim relief application but only deferred consideration. The court directed the lower court to

C/M Madarsa Darul Uloom Hanifya Moiniya… — Pension and Retirement Benefits | Allahabad HC (2018)

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Court No. - 21

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Case :- SPECIAL APPEAL DEFECTIVE No. - 643 of 2018

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Appellant :- C/M Madarsa Darul Uloom Hanifya Moiniya Islamiya And 2 Ord Respondent :- State Of U.P. And 2 Ors Counsel for Appellant :- Kailash Singh Kushwaha Counsel for Respondent :- C.S.C.,Prabhakar Awasthi

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Hon'ble Govind Mathur,J. Hon'ble Chandra Dhari Singh,J.

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This appeal is barred by limitation from 190 days, ignoring the same we have examined the merits of the case.

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This appeal is before us to examine correctness of the order dated 2nd February, 2018. By the order aforesaid, learned single Bench while providing time to the parties to exchange affidavits, fixed the matter for considering the issue with regard to grant of interim relief on the next date of listing.

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It is submitted by learned counsel appearing on behalf of the appellantpetitioners that the appellants-petitioners' are not getting salary since November 2017, therefore, the appropriate course was to pass an interim order directing the respondents to release salary of the appellant nos.2 and 3 at least month by month.

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From perusal of the order dated 2nd February, 2018, it is apparent that the issue with regard to grant of interim relief is yet pending consideration. The request has not at all been rejected by learned single Bench.

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In view of it, in our considered opinion, there was no occasion for the appellants-petitioners to file the instant appeal. Accordingly, the same is dismissed.

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While parting with the case, we would like to observe that the appellantspetitioners no.2 and 3, as stated are not receiving salary from last about 10 months. Therefore, expeditious consideration of the request for interim relief is highly desirable. Learned single Bench thus, is requested to extend priority to Writ-A No.48935 of 2017 for consideration of the prayer made by the appellants-petitioners' to have interim relief.

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Order Date :- 24.9.2018 Bhaskar

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(Chandra Dhari Singh, J.) (Govind Mathur, J.)

C/M Madarsa Darul Uloom Hanifya Moiniya Islamiya and 2 Ord v. State of U.P. and 2 Ors.

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C/M Madarsa Darul Uloom Hanifya Moiniya Islamiya and 2 Ord v. State of U.P. and 2 Ors.

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