SPECIAL APPEAL DEFECTIVE No. 137 of 2012 at Lucknow

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL DEFECTIVE No. - 137 of 2012 The Secy. Basic Edu. Deptt. Lko.And Ors. 6258s/S2008 .....Appellant(s) Versus Banshi Lal .....Respondent(s) Counsel for Appellant(s) : C.S.C. Counsel for Respondent(s) : L.K.Pathak Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE RAJEEV BHARTI, J. Order on C.M. Application No.25097 of 2012 1. This is an application seeking condonation of delay in filing the appeal supported with an affidavit. 2. Heard. 3. This is an appeal filed by the State appellants on 19.03.2012 challenging the judgment and order dated 26.08.2011 passed in Writ Petition No.6258 (S/S) of 2008. The appeal is filed with a delay of atleast five months and eighteen days. The judgment impugned is dated 26.08.2011, whereas the appeal has been preferred only on 19.03.2012. The limitation for filing such an appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 is 30 days as prescribed vide Chapter IX Rule 10 of the Allahabad High Court Rules, 1952 read with Article 117 of the Schedule appended to the Limitation Act, 1963. 4. Before filing of the appeal, as informed by learned counsel for the appellants, the impugned ju