Hon'ble Ritu Raj Awasthi, J.:-

Heard Sri Mahesh Chandra for the appellants and Sri Ghaus Beg for the private respondent.

The special appeal has been filed with a delay of one month and twenty six day. Sri Ghaus Beg has no objection in condoning the delay.

We also feel that the delay is not such so as to deprive the appellant of hearing on merits. The delay is, therefore, condoned.

The U.P. State Road Transport Corporation (hereinafter referred to as the Corporation) has preferred this special appeal against the judgement and order dated 25.8.2010 passed by the learned Single Judge, by means of which the writ petition filed by the private respondent (hereinafter referred to as the respondent) claiming pension has been allowed, with a direction that he shall return the amount of Contributory Fund, received by him.

The brief facts of the case are that the respondent was appointed on the post of Conductor on 1.11.51 in the erstwhile U.P. Government Roadways (hereinafter referred to as the Roadways). He was promoted on the post of Junior Clerk w.e.f. 7.9.58 in the office of the Assistant General Manager at Charbagh Depot. His promotion was regularised on 16.4.60, as is evident from the offic

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