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2019 Supreme(All) 2049

AJAI LAMBA, MANISH MATHUR
Zila Basic Shiksha Adhikari Sultanpur – Appellant
Versus
Pawan Kumar – Respondent


Advocates Appeared:
For the Appellant : Jyotinjay Verma
For the Respondents/Defendant: C.S.C., S. Chandra and Sachin Tiwari

ORDER :

(C.M. Application No.32438 of 2011)

1. The application seeks condonation of delay in filing the Special Appeal.

2. For reasons given in the affidavit in support of the application for condonation of delay, the delay in filing the appeal is hereby condoned.

3. The application is accordingly allowed.

4. We have heard learned counsel for appellant Sri Jyotinjay Verma, learned counsel for respondent No. 1 Sri Vinod Kumar Gupta Advocate holding brief of Sri Pt. S. Chandra learned counsel for respondent no. 1 and Sri Amitabh Shukla, learned counsel for the State.

5. This appeal has been filed against the order dated 28.10.2010 passed in Writ Petition No. 7514 (S/S) of 2010 whereby the opposite parties were directed to pay regular salary to the petitioner every month.

6. As per the pleadings in the appeal and the affidavit, filed in support of the application for stay, one Pawan Kumar filed the aforesaid Writ Petition praying for a direction to the opposite parties to pay salary to him for the Class IV post of Peon with all consequential benefits along with arrears of salary dues since 1.05.2000 along with interest. It has been stated that the said person had claimed to have been appoint

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