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Neutral Citation No. - 2025:AHC:77761-DB Court No. - 29 Case :- SPECIAL APPEAL DEFECTIVE No. - 337 of 2025 Appellant :- Mata Prasad Respondent :- State Of Up And 5 Others Counsel for Appellant :- Hemant Kumar,Lal Bahadur Singh Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. Ref: Civil Misc. Delay Condonation Application No.1 of 2025
1. Delay in filing the present appeal has been explained to the satisfaction of the Court. Delay in filing the appeal is condoned.
2. Delay condonation application is allowed.
Order on Appeal
1. Appellant's claim for payment of salary from the State exchequer has been rejected by the learned Single Judge after noticing the facts of the case, according to which, though the appellant claimed appointment in 1975 but he was not granted the benefit of salary from the State fund when the institution was taken on aid in 1995. The benefit of aid was extended retrospectively from 1991 to other teaching and non-teaching staff of the institution. The appellant did not receive any salary and ultimately retired in 2010.
2. Appointment of persons who were extended benefit of aid, was not challenged. In such circumstances, after nearly 15 years of attaining the age of superannuation, the claim of appellant for salary from State funds appears to have rightly been rejected, particularly when appointment of appellant was neither approved nor he was ever paid salary out of State funds.
3. Special appeal lacks merit and is, accordingly, dismissed.
Order Date :- 13.5.2025 K.Tiwari Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad