HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL DEFECTIVE No. - 540 of 2011 Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE MANJIVE SHUKLA, J. C.M. Application No.75044 of 2011 1. This is an application seeking condonation of delay in filing the appeal. 2. Heard. 3. The cause shown for the delay in filing the appeal is sufficient. The application is allowed and the delay in filing the appeal is condoned. Order on Special Appeal 4. This is an appeal filed by the State challenging the judgment and order dated 26.08.2010 passed in Writ Petition No.8466 (S/S) of 2009; Avinash Chandra Saxena and ors. vs. State of U.P. and ors. The writ petition has been allowed on the strength of a decision dated 21.08.2008 passed in similar Writ Petition No. 5902 (S/S) of 2005; Ghanshyam Singh and anr. vs. State of U.P. and ors. It is informed that against the said judgment dated 21.08.2008 passed in Ghanshyam (supra), an intra court appeal bearing Special Appeal (Defective) No.870 of 2009; State of U.P. and ors. vs. Anand Versus Counsel for Appellant(s) : C.S C Counsel for Respondent(s) : Rajesh Singh Chauhan, Ankur Yadav, Rama Nand Yadav, Santosh Kr. Yadav Warsi State Of U P Thr.Prin.Secy.Forest Inre 8466 S/S 2009 .....Appellant(s) Avinash Chandra Saxena S/O Late M P Saxena And 7 Ors. .....Respondent(s) Kumar Mishra and ors. was preferred, which was dismissed on 06.08.2009. Against the said judgment a Special Leave to Appeal (Civil) No.27765 of 2009 was filed which was also dismissed on 06.11.2009. 5. Learned counsel for opposite party has placed before us a Division Bench judgment rendered in Writ Petition No.1569 (S/B) of 2009, wherein the aforesaid facts have been noticed, except the recall of the Government Order which infact happened subsequently, and the said writ petition has been allowed on 12.09.2011 in the same terms as per the judgment referred herein above. Thereafter, the Government Order dated 06.11.2003, which infact was set aside in Writ Petition No.1569 (S/B) of 2009; Gopi Charan Kanaujia and ors. vs. State of U.P. and ors. has been cancelled. By means of the said Government Order dated 25.09.2003, which was under challenge before the writ court, out of which this appeal arises, the recommendations of the Fifth Pay Commission were implemented in the Forest Department subsequent to 01.01.1996, which according to the private opposite parties was impermissible as has also been held by the Division Bench in the judgments referred herein above. 6. This appeal is therefore disposed of in terms of the judgments dated 21.08.2008 passed in Writ Petition No. 5902 (S/S) of 2005; Ghanshyam Singh (supra) as considered vide judgment dated 06.08.2009 passed in Special Appeal (Defective) No.870 of 2009; State of U.P. (supra) and the judgement dated 12.09.2011 passed in Writ Petition No.1569 (S/B) of 2009; Gopi Charan Kanaujia (supra). 7. The appeal is accordingly disposed of. August 27, 2025 Arnima SPLAD No. 540 of 2011 2 (Manjive Shukla,J.) (Rajan Roy,J.) Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench