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2025 DAILYLAW 186877 (ALL)

STATE OF U.P. THRU. ADDL. CHIEF SECY. / PRIN. SECY. SOCIAL WELFARE DEPTT. AND 2 OTHERS v. SMT. VANDANA TRIVEDI

SPLAD/442/2025 · 2025-11-15

Rajan Roy, Rajeev Bharti

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL DEFECTIVE No. - 442 of 2025 Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE RAJEEV BHARTI, J. C.M.A. No.1 of 2025 (Application for Condonation of Delay) 1. Shri Suraj Prakash Singh, Advocate, has put in appearance on behalf of the respondent by filing his Vakalatnama, which is taken on record. 2. Heard. 3. This is a special appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 challenging the judgment and order dated 20.11.2024 passed in Writ -A No.4860 of 2024. In fact by the same judgment another writ petition bearing Writ-A No.4832 of 2024 was also decided. Against the judgment qua the aforesaid Writ-A No.4832 of 2024 a prior appeal bearing Special Appeal Defective No.378 of 2025 was filed, albeit, belatedly just as this appeal has been filed. After condoning the delay the appeal was dismissed on merits. 4. We have gone through the affidavit in support of the application for condonation of delay. Apart from the fact that delay in this appeal is of 326 days and in the earlier appeal it was only of 262 days, it is a moot point as to why if the earlier appeal could be filed on 08.09.2025 why this Versus Counsel for Appellant(s) : C.S.C. Counsel for Respondent(s) : Ajay Tiwari State Of U.P. Thru. Addl. Chief Secy. / Prin. Secy. Social Welfare Deptt. And 2 Others .....Appellant(s) Smt. Vandana Trivedi .....Respondent(s) appeal has been filed with further delay on 3/11.11.2025. Nevertheless, without taking a pedantic approach in the matter as the delay was condoned in the earlier appeal, we condone the delay in this case also. However, the earlier appeal having been dismissed on merits, we dismiss this appeal also on merits for the reasons already given in our judgment dated 14.10.2025 in Special Appeal Defective No.378 of 2025. November 15, 2025 Anand/- SPLAD No. 442 of 2025 2 (Rajeev Bharti,J.) (Rajan Roy,J.) Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench