HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL DEFECTIVE No. - 397 of 2025 Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE PRASHANT KUMAR, J. (Order on Delay Condonation Application) 1. Heard. 2. Cause shown for delay in filing the appeal appears to be sufficient and is to the satisfaction of this Court. 3. Application is allowed. Consequently, delay in filing the special appeal is hereby condoned. (Order on Appeal) 1. Heard learned counsel for the parties. 2. After hearing the parties and perusing the records, what comes out is that though in another matter where a similar order as was impugned before the writ Court by the respondent herein was challenged and writ petition was dismissed and in appeal being Special Appeal No. 331 of 2025 the judgement was sustained, but that was a case where disability was of the father and it was not a case that he could not be treated at the place where he was being posted consequent to his promotion. The case at hand is one, where, after promotion to the post of HoD Computer in Government Polytechnic at Lucknow and being posted there, subsequently, in terms of the promotion order i.e. Condition no. 2 therein, the respondent- petitioner was posted at Bareilly, however, the respondent- petitioner is the mother of a Versus Counsel for Appellant(s) : C.S.C. Counsel for Respondent(s) : Chinmay Mishra, Gaurav Mehrotra, Harsh Vardhan Mehrotra State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Deptt. Of Technical Education, Lko. And 4 Others .....Appellant(s) Priyanka Srivastava .....Respondent(s) 9 year old child who is suffering from 90% disability, a fact which is evident from Annexure no. 3 which is a disability certificate issued by the C.M.O., Lucknow, but, most important is the fact that disability/ailment is such, for the treatment of which, the facility and the doctors are available only at Lucknow. He is required to be treated by a Pediatric Neurosurgeon, which facility is available in Medanta Hospital at Lucknow only. The child is 'bed ridden', the mother is a 'care giver', therefore, the facts of this case are distinct from the facts of the earlier appeal which has been dismissed by us on 24.09.2025. 3. We are of the opinion that purely in the facts of this case this is not a fit case for interference in an intra Court appeal. In pursuance to the interim order passed by the writ Court, the respondent- petitioner is continuing as HoD Computer in Government Polytechnic at Lucknow. Further the existing HoD Computer in Government Polytechnic at Lucknow was also agreeable to be transferred to Bareilly i.e. the place where the respondent- petitioner was being posted and the contention of the appellants counsel that the said person namely Sandeep Kumar, has remained posted at Bareilly for 19 years is not of much relevance because the post being occupied by him is a teaching post and not an administrative post nor a post where some financial matters of grave nature are being handled, nevertheless, therefore, the writ Court has ordered for mutual adjustment of the said Sandeep Kumar and the respondent- petitioner herein. Purely on facts this is not a case for interference in an intra Court appeal. 4. At this stage, Shri Mehrotra says that in fact although she is working on the post of HoD Computer in Government Polytechnic at Lucknow, earlier in pursuance to the interim order passed by the writ Court and subsequently in judgement impugned herein but salary has not been paid for past several months. We direct the concerned to pay her the salary as per rules for the period she has marked her attendance in the College. 6. Accordingly, the special appeal is dismissed, with the observation made above. September 26, 2025 Bhanu SPLAD No. 397 of 2025 2 (Prashant Kumar,J.) (Rajan Roy,J.) Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad, Lucknow Bench