Dismissed

U.P. State Road Transport Corp.Central Workshop Thru G.M. v. Ram Nakshtra Deceased and Another

Allahabad HC27 May 2019SPLAD/759/2010

Case brief

AI extract

What is this about?

A special appeal challenging an order allowing a deceased employee's writ petition. The high court single judge held the foundation of the charge was non est. The bench found no perversity or misreading in that finding. Restorative procedural orders were also allowed before finally dismissing the special appeal.

What did the court decide?

The appeal was dismissed with an interim order vacated. Recall and restoration applications regarding procedural delays were allowed.

U.P. State Road Transport Corp.Central… — Pension and Retirement Benefits | Allahabad HC (2019)

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Court No. - 34 Restoration Application No. 122283 of 2017

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Case :- SPECIAL APPEAL DEFECTIVE No. - 759 of 2010

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Appellant :- U.P. State Road Transport Corp.Central Workshop Respondent :- Ram Nakshtra Deceased And Another Counsel for Appellant :- B.G. Singh,Sunil Kumar Misra Counsel for Respondent :- K.C. Shukla

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Hon'ble Sudhir Agarwal,J.

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Hon'ble Virendra Kumar Srivastava,J.

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This is an application seeking recall of order dated 07.04.2017, whereby delay condonation application as well as appeal were dismissed.

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We have gone through the affidavit filed in support of this application. The cause shown for absence of learned counsel for applicant-appellant, when the case was called in the revised list, is sufficient. The order dated 07.04.2017 is recalled and the delay condonation application as well as appeal are restored to its original number. The application is, accordingly, allowed. Order Date :- 27.5.2019

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Court No. - 34 Delay Condonation Application No. 240138 of 2010 IN

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Case :- SPECIAL APPEAL DEFECTIVE No. - 759 of 2010

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Hon'ble Sudhir Agarwal,J. Hon'ble Virendra Kumar Srivastava,J.

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The application is restored to its original number vide order of date passed on restoration application.

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Heard.

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This is an application seeking condonation of delay in filing appeal.

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Delay in filing appeal is explained satisfactorily. It is hereby condoned. The application is accordingly allowed.

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Let appeal be registered with regular number and old number shall also continued to be shown in bracket for finding out details of case, whenever required by parties with reference to either of the two numbers.

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Order Date :- 27.5.2019 AK

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Court No. - 34

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Case :- SPECIAL APPEAL DEFECTIVE No. - 759 of 2010

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Hon'ble Sudhir Agarwal,J.

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Hon'ble Virendra Kumar Srivastava,J.

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The appeal is restored to its original number vide order of date passed on restoration application.

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Heard Sri Sunil Kumar Mishra, learned counsel for appellant and perused the record.

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This intra-Court appeal under Chapter VIII Rule 5 of Allahabad High Court Rules, 1952 has arisen from judgment dated 03.08.2009 passed by Hon'ble Single Judge whereby petitioner-respondent's Writ Petition No. 2898 of 1992 is allowed and order of removal dated 12.12.1991 has been set aside.

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Learned Single Judge has also directed appellant to pay all consequential benefits alongwith 5% simple interest since employee has already died and substituted by legal heirs.

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After examining documents and material on record learned Single Judge has recorded a finding that no incident has ever taken place and petitioner-respondent had not threatened anyone, hence the very foundation of charge, levelled against him, was found non est.

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When questioned, learned counsel for appellant could not show anything from record which may demonstrate that finding recorded by learned Single Judge is perverse or there is any misreading. In these circumstances, we find no fault in the judgment of learned Single Judge warranting interference.

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Dismissed accordingly. Interim order, if any, stands vacated. Order Date :- 27.5.2019 AK

U.P. State Road Transport Corp.Central Workshop Thru G.M. v. Ram Nakshtra Deceased and Another

Case brief

What is this about?

What did the court decide?

U.P. State Road Transport Corp.Central Workshop Thru G.M. v. Ram Nakshtra Deceased and Another

Case brief

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What did the court decide?

What the court decided

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