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ASHOK KUMAR versus DISTRICT MAGISTRATE, BASTI & ANOTHER

High Court of Judicature at Allahabad

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Ashok Kumar v. District Magistrate, Basti & Another - SPECIAL APPEAL DEFECTIVE No. 123 of 2007 [2007] RD-AH 2204 (12 February 2007)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No.32                      

Special Appeal No.123 of 2007 (D)

Ashok Kumar v. District Magistrate, Basti & others

Hon'ble S. Rafat Alam, ACJ.

Hon'ble Krishna Murari, J.

This is an application under Section 5 of the Limitation Act seeking condonation of delay of one year 178 days in filing the appeal.

We have heard learned counsel for the appellant-applicant and also the learned Standing Counsel for the respondents.

It is submitted on behalf of the appellant-applicant that the applicant's mother was seriously ill and confined to bed and ultimately died on 8.8.2006 and after her death he also suffered illness and remained confined to bed, as a result of which delay has been caused in filing the appeal, therefore the same deserves to be condoned. On the other hand, learned Standing Counsel opposed the prayer and submitted that the appeal is hopelessly barred by limitation, inasmuch as it has been filed with a delay of one year 178 days and the contention that the same could not be filed on account of illness of the mother of the applicant cannot be accepted in the absence of any medical certificate or any other material enclosed in support thereof. It is also pointed out that the writ petition was filed against the order of the District Magistrate rejecting the appellant's application for grant of compassionate appointment. It is submitted that the said application was rejected on the ground that his father was not a regular employee and was retired on attaining the age of superannuation and died after retirement on 3.4.2001 and thus, he could not have claimed compassionate appointment under the rules. It is submitted that the very object and purpose for providing compassionate appointment is not going to be served by giving him appointment and, therefore, after considering, his application for such appointment, has rightly been rejected in the facts and circumstances of the case.

We have considered the submissions. From a perusal of the delay condonation application and the affidavit filed in support thereof, it is evident that no material or evidence is enclosed with the affidavit in support of the claim regarding illness of the mother of the applicant and, therefore, in the absence of any proper explanation and the material in support thereof, such an abnormal delay cannot be condoned.

The application is, therefore, rejected.

12.2.2007

A.

Court No.32                      

Special Appeal No.123 of 2007 (D)

Ashok Kumar v. District Magistrate, Basti & others

Hon'ble S. Rafat Alam, ACJ.

Hon'ble Krishna Murari, J.

Since the appeal, being time barred, and the delay condonation application having been rejected vide order of date, the appeal also stands dismissed.

12.2.2007

A.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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