ITEM NO.17 COURT NO.13 SECTION XI S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C)...... CC No. 17271/2015 (Arising out of impugned final judgment and order dated 01/05/2015 in SAD No. 246/2015 passed by the High Court Of Judicature at Allahabad)
STATE OF U.P AND ORS. Petitioner(s)
VERSUS
VISHISTHA BTC SHIKSHAK WELFARE ASSOCAITION, LUCKNOW AND ORS.
(With appln. (s) for c/delay in filing SLP) Respondent(s)
Date : 12/10/2015
This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
For Petitioner(s) For Respondent(s) Mr. M. R. Shamshad, Adv. Mr. Vikrant Yadav, Adv. Mr. Shashank Singh, Adv. Mr. Rutwik Panda, Adv. Mr. Antrayami Upadhaya, Adv. Mr. Anshu Malik, Adv.
UPON hearing the counsel the Court made the following O R D E R Delay condoned. The special leave petition is dismissed.
(Nidhi Ahuja) (Renu Diwan)
COURT MASTER COURT MASTER
HIGH COURT OF JUDICATURE AT ALLAHABAD
Chief Justice's Court
Case :- SPECIAL APPEAL DEFECTIVE No. - 246 of 2015
Appellant :- State Of U.P. Thru. Secy. Basic Edu. And 3 Others
Respondent :- Vishistha B.T.C. Shikshak Welfare Asso. And 2 Others
Counsel for Appellant :- Vivek Shandilya,A.C.S.C.
Counsel for Respondent :- Alok Kumar Gupta
Hon'ble Dr. Dhananjaya Yeshwant Chandrachud,Chief Justice
Hon'ble Manoj Kumar Gupta,J.
Hon'ble Manoj Kumar Gupta,J.
Learned counsel appearing on behalf of the State which is in appeal against a judgment and order of the learned Single Judge dated 8 December 2014 as well as learned counsel appearing on behalf of the respondents are agreed that this special appeal shall stand governed by a judgment delivered by this Court in Special Appeal Defective No.321 of 2015: State of Uttar Pradesh & Ors. v. Dhirendra Pratap Singh, decided on 27 April 2015.
For the reasons indicated by the Court in the aforesaid judgment, this special appeal would have to be dismissed and is, accordingly, dismissed. There shall be no order as to costs.
Order Date :- 1.5.2015
RKK/-
(M.K. Gupta, J)
(Dr. D.Y. Chandrachud, CJ)
Chief Justice's Court
Civil Misc. Delay Condonation Application No.Nil of 2015
In re:
Case :- SPECIAL APPEAL DEFECTIVE No. - 246 of 2015
Appellant :- State Of U.P. Thru. Secy. Basic Edu. And 3 Others
Respondent :- Vishistha B.T.C. Shikshak Welfare Asso. And 2 Others
Counsel for Appellant :- Vivek Shandilya,A.C.S.C.
Counsel for Respondent :- Alok Kumar Gupta
Hon'ble Dr. Dhananjaya Yeshwant Chandrachud,Chief Justice
Hon'ble Manoj Kumar Gupta,J.
The delay of 79 days in filing the special appeal is condoned in the interest of justice since sufficient cause has been shown in the affidavit filed in support of the delay condonation application.
The application stands disposed of. There shall be no order as to costs.
Order Date :- 1.5.2015
RKK/-
(M.K. Gupta, J)
(Dr. D.Y. Chandrachud, CJ)
HIGH COURT OF JUDICATURE AT ALLAHABAD
Chief Justice's Court
Case :- SPECIAL APPEAL DEFECTIVE No. - 321 of 2015
Appellant :- State Of U.P. And 2 Others
Respondent :- Dhirendra Pratap Singh
Counsel for Appellant :- Vivek Shandilya,A.C.S.C.
Counsel for Respondent :- Alok Kumar Gupta
Hon'ble Dr. Dhananjaya Yeshwant Chandrachud,Chief Justice
Hon'ble Manoj Kumar Gupta,J.
Hon'ble Manoj Kumar Gupta,J.
By the impugned order of the learned Single Judge, it has been held that the respondent is entitled to the payment of stipend from May 2005 till December 2005 at the rate of Rs.2500/- per month. The respondent completed the training for the Special BTC Training Course of 2004 in April 2005, with the declaration of the result. He was appointed as an Assistant Teacher in December 2005. He was paid a stipend of Rs.2500 per month from August 2004 till April 2005 but not thereafter until the appointment was made in December 2005. Paragraph 3(12) of the Government Order dated 14 January 2004 reads as follows:
"izns'k 'kklu }kjk fufnZ"V ds izfr fof'k"V ch0Vh0lh0] izf'k{k.k gsrq p;fur vH;fFkZ;ksa dks :i;k 2500@& dk Nk= o`fRr ¼LVkbis.M½ izfr ekg ns; gksxkA ;g Nk=o`fRr ¼LVkbis.M½ vH;FkhZ dks rc rd vuqeU; jgsxk] tc rd foHkkx }kjk Js"Brk dze esa okafNr izf'k{k.k vH;FkhZ }kjk iw.kZ dj jkT; 'kSf{kd vuqla/kku ,oa izf'k{k.k ifj"kn ds fu;a=.k esa jftLVz~kj] foHkkxh; ijh{kk,a m0iz0 }kjk vk;ksftr fyf[kr rFkk iz;ksxkRed ijh{kk mRrh.kZ dj visf{kr izek.k i= izkIr dj ifj"knh; izkFkfed fo|ky;ksa esa lgk;d v/;kid ds in ij fu;fer fu;qfDr izkIr ugha dj ysaxsA"
The aforesaid provision makes it clear that the stipend was liable to be paid during the period of training and until the order of appointment was issued. The impugned order of the learned Single Judge is hence consistent with the clear mandate of paragraph 3(12) of the Government Order.
The reliance which has been placed by the learned Standing Counsel on a subsequent Government Order dated 9 July 2007, which is placed on the record, is misconceived. That Government Order merely states that the recruitment process had been concluded. It has no bearing on the liability to pay stipend, which is governed by paragraph 3(12) of the earlier Government Order extracted above. For these reasons, we find no merit in the special appeal and it is, accordingly, dismissed. There shall be no order as to costs.
Order Date :- 27.4.2015
VMA
(Dr. D.Y. Chandrachud, C.J.)
(M.K. Gupta, J.)
Chief Justice's Court
Civil Misc. Delay Condonation Application No.142343 of 2015
In re :
Case :- SPECIAL APPEAL DEFECTIVE No. - 321 of 2015
Appellant :- State Of U.P. And 2 Others
Respondent :- Dhirendra Pratap Singh
Counsel for Appellant :- Vivek Shandilya,A.C.S.C.
Counsel for Respondent :- Alok Kumar Gupta
Hon'ble Dr. Dhananjaya Yeshwant Chandrachud,Chief Justice
Hon'ble Manoj Kumar Gupta,J.
Hon'ble Manoj Kumar Gupta,J.
This application seeks condonation of delay of 105 days in filing the special appeal.
Since the delay has satisfactorily been explained in the affidavit filed in support of the delay condonation application, the delay in filing the appeal is condoned.
Since the delay has satisfactorily been explained in the affidavit filed in support of the delay condonation application, the delay in filing the appeal is condoned.
The application is, accordingly, disposed of. There shall be no order as to costs.
Order Date :- 27.4.2015
VMA
(Dr. D.Y. Chandrachud, C.J.)
(Dr. D.Y. Chandrachud, C.J.)
(M.K. Gupta, J.)
