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2022 Supreme(All) 1493

PRITINKER DIWAKER, ASHUTOSH SRIVASTAVA
State of U. P. – Appellant
Versus
Ashif Ali – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Anand Kumar Ray.
For the Respondent: Om Prakash Singh.

JUDGMENT :

Ashutosh Srivastava, J.

1. This Intra-Court Appeal has been filed by the State-respondents assailing the judgment and order of the learned Single Judge dated 30.8.2018 passed in Writ-A No. 15360 of 2018 (Ashif Ali v. State of U.P. and 2 others) whereby the writ petition has been allowed with cost of Rs. 10,000/- directing the appellants/respondents to conduct a fresh physical efficiency test of the petitioner/respondent after six weeks. Further direction has been issued to the appellants/respondents to keep the original records pertaining to the writ petitioner/respondent in a sealed cover and transmit the same to the Senior Superintendent of Police, Mathura for its safe custody, while considering the petitioner's claim for compassionate appointment afresh.

2. The appeal was filed with a delay of 150 days. This Court vide order dated 5.3.2019 had condoned the delay and directed the office to allot a regular number to the appeal. Learned counsel for the appellant points out that pursuant to the order dated 22.2.2017 passed in Writ-A No. 18981 of 2014, the writ petitioner/respondent was called to participate in the physical efficiency test on 7.5.2018 after he had furnished a

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