HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 2217 of 1998 Court No. - 32 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. This writ petition is pending for last 28 years. 2. Sri A.K.Mishra, learned Standing Counsel submits that this writ petition was filed for quashing the impugned order dated 7.1.1998, passed by respondent no.2, i.e. Director of Higher Education, Allahabad and order dated 25.9.1997, passed by respondent no.4, i.e. Regional Higher Education Officer, Gorakhpur. 3. That Court has passed following order on 14.1.2026: "1. This writ petition is of the year 1998 and this matter is placed for hearing under the heading of "Oldest pending cases in the High Court, for priority hearing", in a supplementary list, however, learned advocates for rival parties are not present probably on a ground that this list is published belatedly, therefore, let this matter come up for final hearing in the week commencing 9th February, 2026. 2. On the next date, this case will be heard finally. No adjournment will be granted to learned advocates for rival parties." 4. Despite aforesaid order, none is present on behalf of petitioner. 5. By the order dated 25.9.1997, passed by respondent no.4, i.e. Regional Higher Education Officer, Gorakhpur. petitioners were not considered as employees under Uttar Pradesh State University Act, 1973, therefore their salary was denied and by the earlier impugned Versus Counsel for Petitioner(s) : Ashok Khare, S.C. Dwivedi Counsel for Respondent(s) : SC Santosh Kumar Srivastava And Another .....Petitioner(s) State of U.P. and Others .....Respondent(s) order dated 7.1.1998, petitioners salary was stopped and an inquiry was initiated. 6. According to order sheet, this Court has granted following interim order on 29.1.1998: “The learned Standing Counsel appearing for the respondent nos.1 to 5 prays for and is granted four weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter. The petitioner is directed to serve the respondent no.6 by registered post-AD who may also file counter affidavit within the aforesaid period. List this writ petition for admission in the week commencing 30th March, 1998. In view of the contentions made by the petitioners that their appointments were made in April, 1996 and they were being paid salary applying the deeming provision, the impugned order on the sole ground of the adjustment of a candidate by compassionate appointment recommended on 14.8.1997 after more than one year of petitioners' appointment, shows prima facie case of the petitioners and therefore the operation of the impugned order dated 7.1.1998 (annexure-21 to the writ petition) will remain stayed till further orders.” 7. Subsequently, this writ petition was dismissed for want of prosecution vide order dated 14.9.2010 and it was restored vide order dated 9.4.2014. Subsequently, again it was dismissed for want of prosecution vide order dated 8.7.2016 and was restored vide an order dated 18.9.2023, therefore Court is not aware as to whether petitioner is continuously working and has taken advantage of interim order dated 29.1.1998. Otherwise also, petitioner no.1 has declared his age about 30 years when this writ petition was filed in the year 1998, therefore he must be around 58 years. 8. In the aforesaid circumstances, this writ petition is disposed of with an observation that in case petitioners have taken advantage of above referred interim order, their services be protected since they are at the fag end of their service. However, in case petitioners have not regularly worked or have not taken advantage of aforesaid interim order, their services will not be protected. WRIA No. 2217 of 1998 2 9. Copy of this order be sent to the petitioners at their given addresses. May 12, 2026 SB WRIA No. 2217 of 1998 3 (Saurabh Shyam Shamshery,J.) Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad