Neutral Citation No. - 2025:AHC-LKO:37303-DB Court No. - 1 Case :- SPECIAL APPEAL DEFECTIVE No. - 713 of 2011 Appellant :- State Of U.P.Thru Secy. Lko.And Ors. 12311s/S1990 Respondent :- Shashi Bhushan Counsel for Appellant :- C.S.C. Counsel for Respondent :- N.K.Pandey Hon'ble Attau Rahman Masoodi,J. Hon'ble Shree Prakash Singh,J. Heard Sri V.P.Nag, learned Additional Chief Standing Counsel for the appellants-State and Sri N.K. Pandey, learned counsel for the respondent/petitioner. The order of removal from service was set aside by the Writ Court on 12.11.2010 passed in Writ Petition No.12311 (S/S) of 1990. The petitioner even during the pendency of the writ petition was granted interim protection and the writ petition on being finally allowed has enabled him to continue in service throughout. In view of above, the order of removal from service which was never acted upon has lost its relevance and cannot be implemented once the respondent has attained the age of superannuation. The intra-Court Appeal arising out of the judgment impugned has lost its efficacy by efflux of time more particularly when the pensionary benefits stand allowed since last more than 11 years. Taking away such a right is inequitable which the conscience of justice would not permit. This position is not in dispute between the parties. The intra-Court Appeal is accordingly dismissed and the consequences shall follow. . (Shree Prakash Singh, J.) (Attau Rahman Masoodi, J.) Order Date :- 2.7.2025 akhilesh/- Digitally signed by :- AKHILESHWAR KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AKHILESHWAR KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AKHILESHWAR KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AKHILESHWAR KUMAR High Court of Judicature at Allahabad, Lucknow Bench