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2025 DAILYLAW 127912 (ALL)

PUSHPA DEVI ANND 3 OTHERS v. GENERAL MANAGER, ARYAVART BANK HEAD OFFICE LKO. AND 2 OTHERS

SPLAD/118/2025 · 2025-03-20

Arun Bhansali, Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:16035-DB Chief Justice's Court Case :- SPECIAL APPEAL DEFECTIVE No. - 118 of 2025 Appellant :- Pushpa Devi and 3 others Respondent :- General Manager, Aryavart Bank Head Office Lko. and 2 others Counsel for Appellant :- Rama Kant Dixit Counsel for Respondent :- Lalit Shukla Hon'ble Arun Bhansali,Chief Justice Hon'ble Jaspreet Singh,J. 1. This appeal is directed against order dated 23.12.2022 passed by learned Single Judge whereby the petition filed by the petitioners/appellants seeking grant of compassionate appointment has been dismissed as misconceived. 2. Writ petition was filed in the year 2022 seeking to question the validity of order dated 21.8.2019 whereby the claim made for grant of compassionate appointment was rejected. 3. Learned Single Judge after noticing the fact that the petition was filed after more than two years after rejection of the application and after receiving the ex-gratia payment payable under the scheme, found the petition as misconceived and untenable and consequently, dismissed the same. 4. The appeal is barred by 775 days. An application seeking condonation of delay has been filed inter-alia on the ground that on account of financial hardship and unavoidable circumstances, the appeal could not be filed in time. 5. Learned counsel for the appellants while arguing on the application seeking condonation of delay, attempted to make submissions that the scheme of the bank has been amended on 02.01.2024, based on which now the present appeal has been filed. 6. The plea sought to be raised seeking condonation of delay on the purported grounds of financial hardship and so called unavoidable circumstances seeking condonation of delay 775 days cannot be countenanced under any circumstances even the plea pertaining to the amendment also pertains to January, 2024, post which also no explanation has been indicated. 7. In view thereof, we do not find any good reason to condone the delay of 775 days in filing the appeal. 8. The application is rejected. Consequently, the appeal is dismissed as barred by limitation. Order Date :- 20.3.2025 nd (Jaspreet Singh, J) (Arun Bhansali, CJ) Digitally signed by :- NISITH DEY High Court of Judicature at Allahabad, Lucknow Bench