State of U.P. through Secretary, Secondary Education and 3 Others Vs Kamlesh Prasad Tewari and Another

Chief Justice's Court

Case :- SPECIAL APPEAL DEFECTIVE No. - 375 of 2020

Appellant :- State Of U.P. Through Secretary, Secondary Education And 3 Others Respondent :- Kamlesh Prasad Tewari And Another Counsel for Appellant :- Anand Kumar Ray Counsel for Respondent :- Lokesh Kumar Dwivedi

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Hon'ble Govind Mathur,Chief Justice Hon'ble Samit Gopal,J.

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This appeal is barred by limitation from 140 days, ignoring the same, we have looked into merits of the case.

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This appeal is preferred to question correctness of the judgment dated 22nd January, 2020 passed by learned single Bench accepting Writ-A No.68373 of 2013 with a direction to the appellant-respondents to release all arrears of salary to the respondent-petitioner from 1st April, 1996 and to further ensure that salary be paid to him month by month as and when it falls due.

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While accepting the writ petition, learned single Bench also imposed a cost of Rs.15,000/- on the count that the issue about regular service of the respondent-petitioner was already considered earlier in Writ-A No.58574 of 2008, Kamlesh Prasad Tiwari Vs. State of U.P. and others decided on 9th October, 2012.

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On going through the judgment impugned and also the judgment dated 9th October, 2012, it is abundantly clear that the issue with regard to regular services of the respondentpetitioner came to be considered and decided by the Court in Writ-A No.58574 of 2008. As a matter of fact, there was no need for the authorities to pass an order afresh dated 26th October, 2013 in relation to nature of service of the respondentpetitioner.

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In view of whatever stated above, we do not find any just reason to interfere with the judgment impugned.

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The special appeal is dismissed accordingly.

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Order Date :- 5.8.2020 Bhaskar

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(Samit Gopal, J.) (Govind Mathur, C.J.)

State of U.P. through Secretary, Secondary Education and 3 Others v. Kamlesh Prasad Tewari and Another

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State of U.P. through Secretary, Secondary Education and 3 Others v. Kamlesh Prasad Tewari and Another

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