Neutral Citation No. - 2025:AHC-LKO:7655-DB Court No. - 1 Case :- SPECIAL APPEAL DEFECTIVE No. - 43 of 2025 Appellant :- Hanuman Singh Respondent :- State Of U.P. Thru. Prin. Secy. Horticulture Deptt. Lko. And 3 Others Counsel for Appellant :- Shiv Pal Singh Counsel for Respondent :- C.S.C. Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J. (I.A. No.1 of 2025-Delay Condonation Application) 1. Heard. 2. This is an application for condonation of delay in filing the instant intra-Court Appeal. 3. Cause shown in the affidavit filed in support of the application is sufficient. 4. Accordingly, the delay condonation application is allowed and delay in filing the intra-Court Appeal is hereby condoned. (Order on Appeal) 1. Heard Shri Shiv Pal Singh, learned counsel for the appellant and Shri Prafull Yadav, the learned counsel for the respondents. 2. By means of the instant intra-Court Appeal filed under Chapter VIII Rule 5 of the Allahabad High Court Rules, the appellant has challenged validity of a judgment and order dated 06.11.2024 passed by an Hon'ble Single Judge of this Court dismissing Writ-A No.10219 of 2024 filed by the appellant on the ground that it suffered from laches. 3. The appellant had filed the writ petition seeking a direction for regularization of his services with effect from the year 2001. 4. The appellant had earlier filed Writ Petition No.6615 (S/S) of 2004 wherein an interim order was passed on 05.11.2004 directing that he shall be paid minimum of pay-scale and the opposite parties shall consider the appellant's case for regularization of his service in accordance with Rules. 5. It appears that due to non-compliance of the aforesaid interim order dated 05.11.2004, the appellant had filed a contempt petition bearing Contempt Petition No.824 (C) of 2005. The contempt petition was dismissed by means of an order dated 11.07.2007 wherein it is recorded that the opposite parties had made a statement that the appellant would be paid minimum pay-scale with effect from 07.11.2004. However, the petitioner's claim for regularization of service had been rejected by means of an order dated 05.05.2005. 6. The Writ Petition No.6615 (S/S) of 2004 was allowed by means of an order dated 27.05.2013 by recording an expectation that post shall be created and order of regularization shall be passed within one month from the date of production of a certified copy of this order. 7. It appears that the appellant did not challenge the validity of the order dated 05.05.2005 wherein his claim for regularization of service had been rejected and this order was not placed before the Court while passing the aforesaid order dated 27.05.2013. 8. The petitioner's services were regularized by means of an order dated 23.11.2013 with immediate effect. 9. The petitioner did not challenge the validity of the order dated 23.11.2013 whereby the regularization was granted with immediate effect and not retrospective effect. The petitioner filed Writ-A No.10219 of 2024 seeking regularization of service with effect from 2001, without challenging the order dated 05.05.2005 whereby his claim of regularization had been rejected and without challenging the order dated 23.11.2013 whereby his services were regularized with effect from the date of the aforesaid order. 10. The Hon'ble Single Judge referred to the judgments passed by the Hon'ble Supreme Court in the case of Union of India v. Tarsem Singh; (2008) 8 SCC 648, Union of India v. N Murugesan; (2002) 2 SCC 25 and Chairman State Bank of India v. M J James; (2002) 2 SCC 301 and held that the appellant could not satisfactorily explain the delay of 11 years in filing the writ petition. The appellant had duly accepted the order of regularization in the year 2013, which order has not been challenged by him. 11. We find ourselves in complete agreement with the view taken by the Hon'ble Single Judge in holding the writ petition to be barred by laches. There is no merit in this intra-Court Appeal. 12. The Special Appeal is accordingly dismissed. . (Subhash Vidyarthi,J.) (A. R. Masoodi,J.) Order Date :- 6.2.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench