STATE OF U. P. Vs. ASHIF ALI

JUDGEMENT

(1.) This Intra-Court Appeal has been filed by the State- respondents assailing the judgment and order of the learned Single Judge dtd. 30/8/2018 passed in Writ-A No. 15360 of 2018 (Ashif Ali versus State of U.P. and 2 others) whereby the writ petition has been allowed with cost of Rs.10,000.00 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 dtd. 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 dtd. 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 declaration of his fitness to take the physical efficiency test and actually participated therein, but failed. The factum of participation in the test aforesaid was disputed by the writ petitioner / respondent on the ground that he had met with an accident on 4/5/2018 after submitting the fitness certificate and was compelled to participate in the physical efficiency test with a fractured leg. Since, the order dtd. 5/3/2019 recorded the fact that the writ petitioner / respondent had not participated in the test, a modification of the order dtd. 5/3/2019 was sought. The said application was turned down by this Court vide order dtd. 19/4/2019 holding that the appeal itself be decided on merits and all points available may be raised during the hearing of the appeal.

(3.) The parties have exchanged affidavits reiterating their respective stands.