JUDGMENT :

Civil Misc. Delay Condonation Application No.2 of 2024

1. Learned counsel for the opposite party-petitioner states that he is not inclined to file an objection to the delay condonation application and he has no objection in case delay condonation application is allowed.

2. For the reasons stated in affidavit filed in support of delay condonation application, as the same constitutes sufficient cause for condoning delay in filing Special Appeal, the delay condonation application is allowed. The Special Appeal is treated to have been filed well within time.

Special Appeal

3. Heard Sri Chandan Kumar, learned Standing Counsel for the appellant-State respondents and Sri Anand Kumar Srivastava, learned counsel for the opposite party-petitioner.

4. Present Special Appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 has been preferred against the judgment and order dated 16.05.2023 passed by learned Single Judge of this Court in Writ A No.8095 of 2023 (Arun Kumar Srivastava vs. State of Uttar Pradesh & 3 others) by which he has proceeded to allow the writ petition.

5. In brief, the facts of the case are that the opposite party-petitioner was initially engaged on 09.