HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL DEFECTIVE No. - 359 of 2025 Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE MANJIVE SHUKLA, J. Order on Application for condonation of delay Heard. Cause shown is sufficient. The application is allowed. Delay in filing the Special Appeal is condoned. Order on Special Appeal 1. By means of this special appeal the State has challenged final order dated 25.6.2025 passed in Writ -A No. 6920 of 2025 disposing of the writ petition of the respondent no. 1 against his transfer from Basti to Gorakhpur in mid- academic session. 2. Learned Single Judge has stated that since the respondent no. 1/ petitioner's son is studying in Class-X and he will be completing his studies by March, 2026, therefore, based on the undertaking given by respondent no. 1 that he will join at the transfer place on 1.4.2026, the transfer order dated 15.6.2024 has been ordered to be kept in abeyance till 30.3.2026 and on 1.4.2026 he will join at the place of transfer i.e. at Gorakhpur. 3. Learned counsel for the respondent no. 2, who is the person who had been transferred in the place of respondent no. 1 has no objection to this, meaning-thereby, the respondent no. 2 shall continue to work at the place where he was posted prior to his transfer vide order dated 15.6.2024 Versus Counsel for Appellant(s) : C.S.C. Counsel for Respondent(s) : Utsav Mishra, Uma Shanker Shukla State Of U.P. Thru. Addl. Chief Secy./ Prin. Secy. Deptt. Of Food And Civil Supplies Lko And Ors. .....Appellant(s) Sushil Mishra And Another .....Respondent(s) till 30.3.2026 and on 1.4.2026 he can join at the transferred place i.e. in place of respondent no. 1 as it is informed that the place of earlier posting of respondent no. 2 is still vacant. The order of the learned Single Judge is an order passed purely in the fact of the case and based on equity, we see no reason to interfere with it in an intra-court appeal. 4. The Special Appeal is accordingly dismissed. September 2 , 2025 Anuj Singh SPLAD No. 359 of 2025 2 (Manjive Shukla,J.) (Rajan Roy,J.) Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench