HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL DEFECTIVE No. - 316 of 2025 Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE MANJIVE SHUKLA, J. (C. M. Application No. 1 of 2025) 1. This is an application for condonation of delay in filing special appeal supported with affidavit. 2. Heard Shri Anand Kumar Singh, learned Additional Chief Standing Counsel for the State and Shri Anurag Srivastava, learned counsel for the respondents. 3. Cause shown in the affidavit filed in support of the application for condonation of delay in filing special appeal is sufficient. 4. The application is allowed and the delay is condoned. Order on Special Appeal 5. This special appeal has been preferred by the State challenging the judgment and order dated 12.07.2024 passed by learned Single Judge in Writ - A No. 5252 of 2024; Hari Sharan Mishra Vs. State of U.P. and Ors. 6. Shri Anand Kumar Singh, learned Additional Chief Standing Counsel for the State says that the judgment of the learned Single Judge rendered in the case of Smt. Raj Kishore Kushwaha Vs. Versus Counsel for Appellant(s) : C.S.C. Counsel for Respondent(s) : Anurag Srivastava State Of U.P. Thru. Prin. Secy. Basic Education Lko. And 3 Others .....Appellant(s) Hari Sharan Mishra And Another .....Respondent(s) State of U.P. i.e. Writ - A No. 3862 of 2018 has been modified by the Division Bench. No other ground has been pressed by the appellants. 7. Learned Single Judge has merely directed for disposal of respondent's representation in the light of the judgment of learned Single Judge rendered in the case of Smt. Raj Kishore Kushwaha, however, the said judgment was challenged by the State in Appeal along with other similar orders. The said Special Appeals were decided by detailed judgment, copy of which is on record and is dated 30.04.2025. The judgment of the learned Single Judge was modified by the Division Bench. Special Leave Petition against the said judgment has been dismissed. 8. In this view of the matter, the only modification required in the judgment of the writ Court impugned herein is that the representation of the respondent shall be considered in the light of the Division Bench judgement dated 30.04.2025 rendered in Special Appeal No. 652 of 2024; Secretary, U.P. Basic Education Board and Ors. Vs. Tripurari Dubey and Ors. and connected special appeals. Apart from it, no other change is required. Let such representation be considered and decided in terms of aforesaid, say, within a period of six weeks positively. 9. With the aforesaid observations/directions, the Special Appeal is disposed of. September 4, 2025 R.K.P. SPLAD No. 316 of 2025 2 (Manjive Shukla,J.) (Rajan Roy,J.) Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench