Neutral Citation No. - 2025:AHC-LKO:11532-DB Court No. - 1 Case :- SPECIAL APPEAL DEFECTIVE No. - 81 of 2025 Appellant :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Basic Education Lko. And 5 Others Respondent :- Shravan Kumar And 2 Others Counsel for Appellant :- C.S.C. Counsel for Respondent :- Sanjay Kumar Singh Hon'ble Attau Rahman Masoodi,J. Hon'ble Manish Kumar,J. (Order on I.A. No. 1 of 2025) This is an application for condonation of delay in filing the appeal. Cause shown in the affidavit filed along with the application is satisfactory. The application is allowed. The delay is hereby condoned. (Order on appeal) The present intra Court appeal under Section VIII Rule 5 of the Allahabad High Court Rules, 1952 has been preferred against the interlocutory order dated 05.01.2024 passed by the Writ Court, wherein the State has already filed counter affidavit seeking vacation of the interim order passed by the writ Court. The submission made by learned Standing counsel that a final relief under the garb of interim order has been passed by the Writ Court. This ground could not be explained satisfactorily by learned counsel for the State. It is also not explained satisfactorily as to how many Class- IV employees are presently working in the institution. The case of the respondent-petitioner, on the other hand, is to the effect that apart from the writ petitioner, no other candidate has claimed the right of continuity. The matter deserves consideration by the writ Court and the interim order passed by the writ Court, at this stage, does not call for any interference. Leaving all the issues open before the writ Court, the intra court appeal, bereft of any merit, is accordingly dismissed. This however shall not bear any consequence on the merits of the pending case. Order Date :- 24.2.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench