SPECIAL APPEAL DEFECTIVE No. 448 of 2008 at Lucknow

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL DEFECTIVE No. - 448 of 2008 State Of U.P. Thru Prin. Secy. Irrigation And 3 Ors. .....Appellant(s) Versus Smt. Abha Tyagi S/S 2120/2008 .....Respondent(s) Counsel for Appellant(s) : Standing Counsel Counsel for Respondent(s) : Pradeep Kumar Singh Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE RAJEEV BHARTI, J. C.M.A. No.69927 of 2008 (Application for Condonation of Delay) 1. Heard. 2. Although there is a stay order operating, it appears that the appeal is delayed, but not by much as the judgment was passed 24.04.2008 and the appeal was filed on 11.08.2008. 3. Having gone through the affidavit filed in support of the application for condonation of delay, we find the explanation to be satisfactory. Accordingly, we condone the delay in filing the appeal. The application stands allowed. Order on Appeal 4. On merits, we find that the deceased -husband of the respondent was working on a work-charge basis under the appellants. He died on 01.09.2007 while working as such. His wife sought compassionate appointment which was allowed vide impugned judgment dated 24.04.2008 relying upon the decision reported in (2002) 1 UPLBEC 337, Sant