HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL DEFECTIVE No. - 65 of 2008 Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE MANJIVE SHUKLA, J. C.M. Application No. 10132 of 2008 This is an application for condonation of delay in filing the special appeal, supported with an affidavit. 2. The causes shown in the accompanying affidavit are found sufficient. 3. The application for condonation of delay is allowed and the delay in filing the appeal is accordingly condoned. Memo of Appeal 1. Supplementary affidavit filed on behalf of the opposite parties no. 1 and 2 is taken on record. 2. Heard. 3. This appeal is directed against an interlocutary order dated 14.12.2006. No doubt, if by an interlocutary order final relief has been granted, then special appeal is maintainable, but, considering the fact that in compliance of the interim order, the respondent herein is being paid salary since 2006, as, there was no stay in this appeal, we see no reason to consider or decide the appeal on merits, rather, we leave it open for the appellant-State to raise all relevant pleas before the learned Single Judge in the writ petition bearing Writ A No. 2497 of 2006 which is said to be still pending. The Versus Counsel for Appellant(s) : Standing Counsel Counsel for Respondent(s) : Pankaj Bajpai, A.M. Tripathi State Of U.P. Thru Secy. Sec. Education And 3 Ors. .....Appellant(s) Kamla Kant Misra And Anr. S/S 2497/2006 .....Respondent(s) said petition shall be listed before the Writ Court in the week commencing 15.09.2025. 4. Our order will not confer any right on the opposite party, and all relevant pleas can be considered by the Writ Court. 5. The appeal is disposed of in the aforesaid terms. September 3, 2025 Lokesh Kumar SPLAD No. 65 of 2008 2 (Manjive Shukla,J.) (Rajan Roy,J.) Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench