Dismissed

Ram Niwas Sharma v. Union of India and 5 Others

Allahabad HC11 Nov 2022SPLAD/511/2022

Case brief

AI extract

What is this about?

In this special appeal, the court dealt with a challenge to a dismissal on the ground of delay. The appellant sought condonation of a 924-day delay relying on the pandemic and age. Finding no satisfactory ground such as illness or incapacity, the court rejected the condonation application and dismissed the appeal as barred by limitation.

What did the court decide?

Condation of 924 days delay rejected; appeal dismissed as barred by limitation.

Ram Niwas Sharma Vs Union of India and 5 Others — Service and Employment | Allahabad HC (2022)

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Court No. - 29

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Case :- SPECIAL APPEAL DEFECTIVE No. - 511 of 2022

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Appellant :- Ram Niwas Sharma Respondent :- Union Of India And 5 Others Counsel for Appellant :- Ankur Jaiswal,Anubhav Chandra Counsel for Respondent :- Abrar Ahmad,A.S.G.I.,Hridai Narain Pandey,Vivek Ratan Agrawal

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Hon'ble Manoj Misra,J. Hon'ble Vikas Budhwar,J.

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Heard learned counsel for the appellant.

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In Re: Delay Condonation Application No.1 of 2022

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By this delay condonation application, the appellant seeks condonation of 924 days' delay in filing the intra-court appeal against the judgment and order dated 17.2.2020 passed by learned Single Judge in Writ-A No. 23939 of 2013.

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Writ-A No. 23939 of 2013 was filed by the appellant/ applicant against the order of termination of his service consequent to reduction in the number of sections and abolition of the post of Primary Teacher Yoga in DAV Public School. The writ petitioner had also challenged the consequential order requiring him to vacate the residential quarter allotted to him in connection with the service.

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The learned Single Judge by judgment and order dated 17.2.2020 dismissed the writ petition after hearing both sides on the ground of its maintainability, as the service contract of the petitioner was not governed by statutory rule or regulation.

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This appeal against the judgment has been presented in the month of September 2022 for reporting and before the Joint Registrar on 21.10.2022 and is therefore, reported to be beyond time by 924 days.

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The affidavit filed in support of the delay condonation application states that due to Covid-19 pandemic almost two years had passed without normal functioning and, therefore, the delay of the period during which the functioning was affected be not counted. After that, though there is some delay but it may be condoned considering the age of the petitioner. It is stated in paragraph-3 of the affidavit that the appellant was aged about 60 years at the time of dismissal of writ petition and at present is aged about 62 years.

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It is not stated in the affidavit that due to any serious illness or

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incapacity, the petitioner could not travel or instruct his counsel to file the appeal.

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In such circumstances, we do not find any satisfactory ground to condone the delay in filing the appeal.

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The delay condonation application is accordingly rejected .

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In Re: Appeal

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As the appeal is reported to be beyond time by 924 days, the same is dismissed as barred by limitation.

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Order Date :- 11.11.2022 N.S.Rathour

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Digitally signed by NIPENDRA SINGH RATHOUR Date: 2022.11.14 18:05:36 IST Reason: Location: High Court of Judicature at Allahabad

Ram Niwas Sharma v. Union of India and 5 Others

Case brief

What is this about?

What did the court decide?

Ram Niwas Sharma v. Union of India and 5 Others

Case brief

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