SARVESH KUMAR v. STATE OF U.P. THRU. SECY. REVENUE LKO. AND 2 OTHERS
SPLAD/375/2025 · 2025-09-10
Manjive Shukla, Rajan Roy
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 163376 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 163376 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL DEFECTIVE No. - 375 of 2025 Court No. - 1 HON'BLE RAJAN ROY, J.
HON'BLE MANJIVE SHUKLA, J.
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 directed against the judgment and order dated 07.04.2025 passed in Writ-A No.6764 of 2005.
5. Admittedly, the appellant has not worked after 28.02.1996. Prior to it, as claimed, he was engaged as Peon on daily wages in the office of Settlement Officer, Consolidation, Lakhimpur-Kheri albeit in lieu of regular employee, who had gone on leave. The writ petition was filed in the year 2005 seeking a mandamus for allowing him to work and also to appoint him afresh in the light of annexure-4, according to which the posts of peon were vacant. The writ court has dismissed the writ petition. Fresh appointments cannot be made in such a manner.
6. Having heard, we do not find any merit in this appeal. There is a procedure prescribed for fresh appointment. The petition itself was highly Versus Counsel for Appellant(s) : Kapil Dev Chaubey, Amit Bhardwaj, Hriday Narain Tiwari, Manohar Lal Syal Counsel for Respondent(s) : C.S.C. Sarvesh Kumar .....Appellant(s) State Of U.P. Thru. Secy. Revenue Lko. And 2 Others .....Respondent(s)
belated and the appellant has not been working after 1996. It is accordingly dismissed. September 10, 2025 akhilesh/- SPLAD No. 375 of 2025 2 (Manjive Shukla,J.) (Rajan Roy,J.) Digitally signed by :- AKHILESHWAR KUMAR High Court of Judicature at Allahabad, Lucknow Bench