HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL DEFECTIVE No. - 412 of 2025 Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE RAJEEV BHARTI, J. (I.A. No. 1 of 2025- Delay Condonation Application) 1. Heard Shri Navin Shukla, Advocate holding brief of Shri Prafulla Tiwari, learned counsel for the appellant. 2. This is an appeal challenging the judgement and order dated 10.7.2023 passed in Writ-A No. 17150 of 2018 by which the appellant had challenged the order dated 6.4.2018 rejecting his claim for compassionate appointment was dismissed. 3. The appeal is delayed by 797 days. 4. We have perused the affidavit in support of the application for condonation of delay. 5. In para 4 of the affidavit, the date of judgement and order dated 10.7.2023 is mentioned. In paras 5 and 6 of the affidavit, it has been stated that the mother of the appellant was seriously ill in May 2023 and regained health only in June, 2025. In para 7 and onwards, it has been stated that the appellant tried to contact his counsel, but unsuccessfully. Versus Counsel for Appellant(s) : Prafulla Tiwari Counsel for Respondent(s) : C.S.C. Shivam Kumar .....Appellant(s) District Magistrate Distt. Sitapur And 2 Others .....Respondent(s) Before the Dussehra vacations, the appellant came to Lucknow after establishing contact with the existing counsel so that he may be briefed about the said case. It is then the said counsel informed him about dismissal of the petition on 10.7.2023. In para 9, it has been stated that a lot of money has been spent on the treatment of the mother, therefore, he could not approach the Court earlier. After arranging the money, he came back in October, 2025 and then, he filed the appeal. No document whatsoever has been annexed in support of the contention that the mother was seriously ill and continued to be ill from May, 2023 till June, 2025. 6. The explanation offered is nothing but a sham one. It does not appear to be bona fide. Not only the delay is inordinate, but also no sufficient cause has been shown for the same. Testing the explanation on the anvil of the law declared by the Hon’ble Supreme Court in a recent judgement in the case of Shivamma (Dead) by LRS vs. Karnatka Housing Board and another reported in 2025 SCC OnLine 1969 decided on 12.09.2025, we do not find any reason to extend the limitation or condone the delay in filing the appeal. 7. The application under Section 5 of the Limitation Act is, accordingly, dismissed. (Order on Appeal) 8. Consequently, the appeal is also dismissed. October 17, 2025 Shravan SPLAD No. 412 of 2025 2 (Rajeev Bharti,J.) (Rajan Roy,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench