SATYA PRAKASH Vs. STATE OF U.P. AND 4 OTHERS
LAWS(ALL)-2017-2-131
HIGH COURT OF ALLAHABAD
Decided on February 09,2017

SATYA PRAKASH Appellant
VERSUS
State of U.P. and 4 Others Respondents

JUDGEMENT

- (1.) Order on Civil Misc. Delay Condonation Application No. 363638 of 2016: The delay of 96 days in filing the special appeal is condoned since sufficient cause has been shown in the Affidavit filed in support of the application for condonation of delay. The application stands disposed of. There shall be no order as to costs. Order on appeal
(2.) Heard Mr. Ajay Bhanot, learned Senior Counsel assisted by Mr. Raj Narayan Gupta for the appellant and Mr. Rama Nand Pandey, the learned Additional Chief Standing Counsel for the State respondents.
(3.) The original petitioner assails the judgment and order rendered by the learned Single Judge on 20 July 2016 whereby a writ petition preferred by him challenging an order of termination has come to be disposed of with the following operative directions: "18. Considering the facts of the case of the petitioners, the findings recorded in Para15 above and the law laid down by Hon'ble Supreme Court in the afore - noted judgments, I find that it would be iniquitous, more unfair and unwarranted to permit the respondents to recover the payments made to the petitioners for the period they worked/ remained in employment. 19. In view of the aforesaid, the impugned order cancelling appointment of the petitioners, is upheld. However on facts, it is directed that salary and other benefits received by the petitioners from the respondents shall not be recovered from them.";


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