SPECIAL APPEAL DEFECTIVE No. 819 of 2009 at Lucknow

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL DEFECTIVE No. - 819 of 2009 State Of U.P. Thru Prin. Secy. Medical And Health And Ors. .....Appellant(s) Versus U.P. Laboratory Technicians Ass. And Anr. .....Respondent(s) Counsel for Appellant(s) : Standing Counsel Counsel for Respondent(s) : P.K. Khare Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE RAJEEV BHARTI, J. C.M.A. No.114213 of 2009 (Application for Condonation of Delay) 1. Heard. 2. This is an appeal filed by the State challenging the judgment and order dated 28.07.2009 passed by the Writ Court in Writ Petition No.4646 (S/S) of 1997. The appeal is belated. It is delayed by 2 months and 29 days as reported. The belated appeal has been pending since 2009 without the delay being condoned. In the interregnum the judgment has already been complied with. 3. We have perused the affidavit filed in support of the application for condonation of delay in the light of the law as enunciated by Hon'ble the Supreme Court in a recent decision in the case of Shivamma (dead) by LRS Vs. Karnataka Housing Board and Ors. reported in 2025 SCC OnLine 1969. The affidavit after mentioning the date of impugned judgment, i.e. 28.07.2009 st