AJAI LAMBA,NARENDRA KUMAR JOHARI,J. - (1.) State of U.P., through Secretary, Lok Nirman Vibhag, U.P., Lucknow and six other State functionaries have preferred this special appeal challenging order dated 19.08.2006 rendered in Writ Petition No.6946 (SS) of 2006 titled 'Sanju Lal and others Vs. State of U.P. and others.' Vide the impugned order, the writ petition filed by the respondents/writ petitioners has been decided in favour of respondents/writ petitioners.
(2.) Learned counsel for the respondents has not appeared to prosecute the case. On 31.07.2019, the following order was passed by this Court:- "1. Learned counsel for the appellant State contends that the issue raised by virtue of the appeal is in regard to payment of dearness allowance to work charge employees. Vide the impugned order passed by learned Single Judge, the benefit was given. 2. It has been contended that the issue has been considered by a Division Bench of this Court and decided vide judgment dated 23.7.2010 rendered in a bunch of 228 cases, the lead case being Special Appeal No.64 of 2006 State of U.P. and others versus Prabhu Narain Sharma and others. This case be also decided in the same terms. 3. We would like to give an opportunity of hearing to respondents. 4. List on 2.8.2019, high up in the list. It is made clear that in case counsel for respondents does not appear on the next date of listing, the appeal is likely to be decided while hearing the available parties/counsel(s)."
(3.) This case relates to the year 2006. 13 years have gone by. We find no justifiable reason to await appearance of the counsel. In such circumstances, we have heard learned counsel for the appellants/State Shri V.P. Nag and have gone through the pleadings, related documents and the impugned order.;