Hon’ble Rakesh Tiwari, J.—Heard learned counsel for the parties on Civil Misc. Delay Condonation Application No. 233079 of 2013 and Civil Misc. Restoration Application No. 233082 of 2013 and perused the affidavits filed in support of the aforesaid applications. Cause shown is sufficient. Delay is condoned. The application for condonation of delay is allowed. The order dated 3.9.2011 dismissing the appeal in default is recalled and the appeal is restored to its original number and status.

2. Heard learned counsel for the parties on merit with regard to special appeal and perused the record.

3. This intra-Court appeal has been preferred challenging the validity and correctness of the impugned judgment and order dated 15.4.2004 passed in Civil Misc. Writ Petition No. 5596 of 1998, Harbansh Singh v. State of U.P. and others, whereby the aforesaid writ petition was allowed.

4. Brief facts giving rise to the instant appeal are that Harbansh Singh, respondent No. 2 (since deceased) was working as the Officer-in-Charge at Sugarcane Breeding and Research Centre, Nichlaul, Mahrajganj. While working he was charge-sheeted and after an enquiry his services were terminated by the order d