Neutral Citation No. - 2025:AHC-LKO:13777-DB Court No. - 1 Case :- SPECIAL APPEAL DEFECTIVE No. - 419 of 2024 Appellant :- Shambhoo Nath Yadav Respondent :- State Of U.P. Thru. Secy. Secondary Education Lko. And 3 Others Counsel for Appellant :- Som Kartik Shukla Counsel for Respondent :- C.S.C.,Zainuddin Mohammad Siddiqui Case :- SPECIAL APPEAL No. - 461 of 2023 Appellant :- Prin. Lucknow Christian Intermediate College, Lucknow Thru. Sri. Navin Prakash Masih Respondent :- Shambhu Nath Yadav And Others Counsel for Appellant :- Zainuddin Mohammad Siddiqui Counsel for Respondent :- Som Kartik Shukla,C.S.C. Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J. 1.Heard learned counsel for the parties. 2.The judgement impugned here in these two intra-court appeals; one filed by the employee and the other filed by the Principal of the College became a subject matter of consideration in prevously Special Appeal (D) No.619 of 2023, 420 of 2023 and 422 of 2023 which were decided by a common judgement and order dated 29.08.2023. 3.This Court having regard to the consensus between the parties provided in the order passed that the teachers who were proceeded against for a disciplinary action would not claim their past wages, however, they shall be reinstated in service forthwith. All other employees except the appellant in Special Appeal (D) No.419 of 2024 Shambhoo Nath Yaday, have already been reinstated in service and are being paid salary regularly. 4. The case of the Shambhoo Nath Yadav was segregated on account of the fact that some criminal proceedings were initiated against him, therefore, he was left at liberty to assail the judgement passed by the learned single judge separately. 5. It is in this backdrop that the Special Appeal (D) No. 419 of 2024 has come to be filed by Shambhoo Nath Yadav. 6. The Principal of the College on the other hand has also assailed the judgement passed by the writ court. 7. At this stage, learned counsel for the College has submitted that in case same benefit as has been accorded to the similarly situated persons is granted by this Court to the appellant namely Shambhoo Nath Yadav then in that case the criminal proceedings going on against him may be left unaffected and the same may continue till their conclusion. 8. Thus, having regard to the consensus between the parties, let the appellant Shambhoo Nath Yadav be also re-instated in service forthwith and paid his salary for the month of March, 2025 onwards and in case necessary compliance to this effect is made, the appellant shall not claim any past wages as has been prayed for in the present intra-court appeal. 9. The judgement passed by learned single judge to that extent shall stand modified. 10. It is also clarified that this Court has not commented on the pendency of the on going criminal proceeding or any action that the employer may take within the authority vested under law. 11. We also clarify that the further action which has been left open shall be resorted to in case of any misconduct on the part of the appellant. 12. The appellant undertakes that he shall discharge his duties with obedience and honesty. 13. Both these appeals stands disposed of in above terms. (Subhash Vidyarthi,J.) (Attau Rahman Masoodi,J.) Order Date :- 6.3.2025/Shahnaz Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench