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2025 DAILYLAW 35130 (ALL)

SHIVAM v. STATE OF U.P. AND 2 OTHERS

SPLA/318/2025 · 2025-04-06

Siddhartha Varma, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:49361-DB Court No. - 39 Case :- SPECIAL APPEAL DEFECTIVE No. - 252 of 2025 Appellant :- Shivam Respondent :- State Of U.P. And 2 Others Counsel for Appellant :- Birendra Pratap Yadav,Krishna Kant Yadav Counsel for Respondent :- C.S.C.,Shyam Mani Shukla Hon'ble Siddhartha Varma,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. In Re: Civil Misc. (Delay Condonation) Application No.01 of 2025 1. Cause shown in the affidavit filed in support of the delay condonation application for the delay in filing the appeal is sufficient. 2. The application is allowed and the delay is condoned. Order on Appeal 1. The father of the petitioner had died in harness on 11.11.2018 and thereafter the petitioner had applied for an appointment under the Dying in Harness Rules. The request for appointment itself was declined on 17.06.2019. The petitioner came to know about the order dated 17.06.2019 only after he filed an application under the Right to Information Act, 2005 on 30.11.2024. The petitioner was very complacently waiting for the communication of the order dated 17.06.2019 to him. This fact definitely shows that the petitioner had no urgency of getting the employment. 2. The finding as has been arrived at by the learned Single Judge with regard to delay on the part of the petitioner in approaching the Court definitely therefore cannot be interfered with. 3. No interference is warranted. 4. The special appeal is, accordingly, dismissed. 5. This order was passed in the presence of Sri Vijay Kumar Rai, learned counsel, who appeared for respondent nos.2 and 3. Order Date :- 7.4.2025 Radhika (Dr. Y.K. Srivastava,J.) (Siddhartha Varma,J.) Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad