Court No. - 29 Case :- SPECIAL APPEAL DEFECTIVE No. - 235 of 2025 Appellant :- Smt. Sunita Sharma And 2 Others Respondent :- Director Of Technical Education, U.P. And 3 Others Counsel for Appellant :- Awadh Narain Rai Counsel for Respondent :- C.S.C.,Shreya Gupta Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. 1. This appeal is by the heirs of the writ petitioner challenging the order passed by the learned Single Judge dated 21.01.2025, whereby the delay condonation application as well as restoration application filed in the writ are rejected. Learned Single Judge has noticed that the restoration was filed almost after 8 years without any explanation for the delay occasioned in its filing. 2. Writ petitioner (since deceased) had filed Writ Petition No.32584 of 1998 challenging an order dated 10.09.1998 passed by Director Technical Education, U.P., Kanpur holding that the petitioner was not qualified to be appointed as Instructor although he had secured his selection for appointment. In the writ petition an order came to be passed directing the respondents to allow the petitioner to join on the post of Instructor workshop and pay him salary. This appointment was, however, to remain subject to the writ petition. A supplementary affidavit has been filed stating that pursuant to such order, the writ petitioner joined and continuously worked till he died in the year 2020. Various orders have been brought on record to show that the writ petitioner was not only offered appointment but he was granted subsequent hike in the pay-scale etc. His GPF etc. was also deducted from the salary. The writ petition, however, was dismissed in default in 2016. 3. According to the appellant, the deceased-petitioner came to this Court and a restoration was prepared but due to some lack of communication, such restoration was not actually filed. A fresh restoration application thereafter was filed by the son after death of the petitioner stating that he was not aware of non-filing of the restoration. Learned Single Judge has, however, rejected the delay condonation application and the restoration application. 4. Learned counsel for the respondent submits that the view taken by the learned Single Judge is absolutely correct and requires no interference. 5. A perusal of the record would indicate that the writ petition was dismissed by the learned Single Judge earlier on 16.08.2016 observing that the case is lying dormant for several years and it appears that cause of action either does not survive or the petitioner has lost his interest in pursuing the case. A restoration application is shown to have been prepared from the office of the previous counsel but the same was not filed. 6. Considering the fact that subsequent developments have intervened on account of interim order passed in the writ petition as per which, appointment was offered to the writ petitioner which was subject to final adjudication in the writ and the writ petitioner also worked till he died on 10.10.2020, we are of the view that in the facts and circumstances of the case, the writ petition had not been rendered infructuous and the restoration application was liable to succeed as for the fault of the office of the counsel the litigant must not be allowed to suffer. 7. Consequently, this appeal succeeds and is allowed. 8. Order dated 21.01.2025 passed by learned Single Judge dismissing the delay condonation application as well as restoration application are set aside. 9. The delay condonation application as well as restoration application are allowed. The writ petition is restored to its original number. 10. Let the matter be listed before the learned Single Judge for an appropriate consideration of cause on merits, as per his Lordship's earliest convenience. Order Date :- 21.4.2025 S.A. Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad