STATE OF U.P. AND ANOTHER v. PRAYAG DUTT SHARMA AND OTHERS
SPLAD/109/2013 · 2025-09-09
Anish Kumar Gupta, Mahesh Chandra Tripathi
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[ 2025 DAILYLAW 51962 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 51962 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD SPECIAL APPEAL DEFECTIVE No. - 109 of 2013 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J.
HON'BLE ANISH KUMAR GUPTA, J.
1. Heard Ajeet Singh Rana, learned counsel for the appellants and Shri A.N. Rai, learned counsel for the respondent.
2. This intra-court appeal has been preferred against the judgment and
order dated 27.04.2012 passed by the learned Single Judge in Writ-C No.20554 of 2012. For ready reference, the same is reproduced hereinbelow:
"The writ petition is directed against the Government Order dated 26th July, 2001 insofar as it provides 31st March, 2002 as the cut of date for depositing the management's contribution together with interest.
Learned counsel for the petitioners drew my attention to the judgment dated 6th September, 2006 passed by this Court in Writ Petition No.75746 of 2006 (Smt. Shanti Solanki Vs. State of U.P. & Ors.) wherein this Court has struck down the part of Government Order dated 26th July, 2001 whereby the cut off date had been fixed as 31st March, 2002. In the circumstances this Court has no option but to follow the judgment dated 6th September, 2006 passed by this Court in Writ Petition No.75746 of 2006 (Smt. Shanti Solanki Vs. State of U.P. & Ors.) particularly for the reason that in that case also the respondents 1 and 2 had failed to file any counter affidavit despite repeated opportunities. Versus Counsel for Appellant(s) : Rajesh Yadav Counsel for Respondent(s) :
A.N. Rai State Of U.P. And Another .....Appellant(s) Prayag Dutt Sharma And Others .....Respondent(s)
They have not provided any justification for the cut of date. For the reasons stated in the judgment dated 6th September, 2006 and on same terms, this writ petition is also allowed. The part of the Government
Order dated 26th July, 2001 in so far as it fixes 31st March, 2002 as the last date for deposit of management's contribution is hereby quashed. The respondents authorities shall permit the petitioners to deposit the management's contribution along with interest within a period of six weeks from today and if the amount, as directed above, is deposited, the respondents shall extend the benefit of aforesaid Government Order to petitioners also within a further period of six months."
3. From the record, it appears that no interim order was granted in the instant matter and the matter has remained pending since 2012. We do not find any error in the aforesaid order dated 27.04.2012 which may warrant interference in the intra court appeal at this belated stage. Accordingly, the appeal stands dismissed. September 10, 2025 NLY SPLAD No. 109 of 2013 2 (Anish Kumar Gupta,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad