Neutral Citation No. - 2025:AHC-LKO:44211-DB Court No. - 1 Case :- SPECIAL APPEAL No. - 226 of 2025 Appellant :- State Of U.P. Thru. Prin. Secy. Commercial Tax Deptt. Lko. And 4 Others Respondent :- Dinesh Singh And 2 Others Counsel for Appellant :- C.S.C. Counsel for Respondent :- Birendra Kumar Yadav,Ravi Shanker Tewari Hon'ble Attau Rahman Masoodi,J. Hon'ble Shree Prakash Singh,J. 1. Applications for interim relief & condonation of delay and affidavit of service filed today by counsel for the appellants are taken on record. 2. Heard learned counsel for the applicants and Sri B.K. Yadav, learned counsel appearing on behalf of the the respondent nos. 1 to 3. 3. Sri B.K. Yadav, learned counsel for the respondent nos. 1 to 3 has submitted that the present intra court appeal is not maintainable for the reason that the writ court had merely directed for correction of clerical error in the seniority list issued on 01.12.2015. 4. In reply to the submissions put forth, learned counsel for the appellants has argued that the seniority list dated 01.12.2015 has not only been acted upon, but promotion on the basis of such seniority list were made thereafter, of which the benefit was granted to the respondents as well. 5. At this stage, learned counsel for the respondent nos. 1 to 3 has submitted that even if the final seniority list issued on 06.06.2023 is assumed to be final and acted upon for all purposes, the respondents shall not have any objection to the same. 6. In view of the statement made by learned counsel for the respondent nos. 1 to 3, we permit the State to act upon the seniority list dated 06.06.2023 for the purposes of consideration of the respondent nos. 1 to 3 for higher promotion and to this extent any claim allowed by the writ court, contrary to above shall stand modified. The modification shall apply only to the case of respondent nos. 1 to 3 so that the right of consideration accruing, if any, does not suffer in the ensuing selection. 7. Accordingly, the instant appeal is disposed of. (Shree Prakash Singh,J.) (A.R. Masoodi,J.) Order Date :- 30.7.2025 Mayank Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench