Court No. - 1 Case :- SPECIAL APPEAL DEFECTIVE No. - 271 of 2025 Appellant :- Mohammad Merajul Haque Respondent :- Smt. Monika Sehgal Garg, Ex Prin.Secy. Dept. Of Minority Welfare Lko And Anr. Counsel for Appellant :- Sajjad Husain Counsel for Respondent :- C.S.C. Hon'ble Attau Rahman Masoodi,J. Hon'ble Shree Prakash Singh,J. Order on C.M. Application No.1 of 2025 1. An application for condonation of delay supported with an affidavit has been filed along-with the appeal. 2. Reasons in detail have been spelt out in the affidavit filed in support of delay condonation application to which there is no objection. 3.In absence of any objection and the cause shown being sufficient, the application is allowed and the delay in filing the appeal is condoned. Order on Appeal 4. Heard learned counsel for the appellant and learned Additional Chief Standing Counsel for the State. 5. The intra-court appeal instituted under Chapter VIII Rule 5 of Allahabad High Court Rules has assailed the judgement/order passed by this Court in Contempt Application (Civil) N0.457 of 2025 which for ready reference is extracted below-: “1. Affidavit of compliance filed by Shri Rajesh Kumar Verma, learned Standing Counsel duly sworn in by opposite party no.1- Smt. Monika Sehgal Garg, Principal Secretary, Department Of Minority Welfare is taken on record. He submits that order of Writ Court has already been complied with by passing the fresh order dated 21.03.2025 which is annexed as CA-1 to the affidavit of compliance, therefore, the present contempt application may be dismissed. 2. Considering the submission of learned Standing Counsel as well as contents of affidavit of compliance filed today, it is evident that the order of Writ Cort has already been complied with, therefore, no contempt is made out against the opposite party. 3. Accordingly, the present contempt application is hereby dismissed. 4. Consigned to record." 6. Learned Additional Chief Standing Counsel for the State at the very outset of the proceedings has raised a preliminary objection as to the maintainability of the present intra-court appeal on the ground that the judgement impugned here in this appeal has firstly appreciated the fact of compliance of the direction issued by the writ court in its judgement dated 12.12.2024 passed in Writ-A No.4283 of 2023 looking to the fact of passing of a fresh order by the competent authority on 21.03.2025 and secondly, the contempt court while passing the order impugned herein has not overstepped its jurisdiction in any manner whatsoever to interpret the writ court order in a manner which may have given rise to a cause for instituting the present intra-court appeal. 7. The preliminary objection raised by learned Additional Chief Standing Counsel for the State has merit and deserves to be sustained. 8. We also find that an opportunity to assail the order dated 21.03.2025 within the scope of law has been left open. 9. In these circumstances the maintainability of the present intra-court appeal being questionable, the same deserves to be rejected on the strength of the preliminary objection raised by the State. 10.However rejection of the present appeal is confined to the extent of entitlement of study allowance and does not affirm the action of denial of grant of study leave without study allowance passed by the competent authority which for all purposes is not open to be unsettled irrespective of the entitlement of study allowance. (Shree Prakash Singh,J.) (Attau Rahman Masoodi,J.) Order Date :- 2.7.2025 Shahnaz Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench