HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL DEFECTIVE No. - 398 of 2025 Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE RAJEEV BHARTI, J. (C.M. Application No.1 of 2025) 1. This is an application seeking condonation of delay in filing the appeal. 2. Heard. 3. We have gone through the affidavit in support of the application seeking condonation of delay. Cause shown is sufficient. Accordingly, the application is allowed and delay is condoned. (Order on memo of the appeal) 4. This is an appeal by the appellant challenging judgment dated 06.08.2025 passed in Writ-A No.8809 of 2025. 5. We have perused the the judgment of the writ court. We have also perused the prayer clause of the writ petition. The respondent-petitioner has sought a writ of mandamus to the concerned opposite parties to forthwith pay retiral benefits along with admissible interest treating the respondent-petitioner as regular in service in pursuance of order of this court dated 07.10.1999 passed in Writ Petition No.1306 (M/S) of 1999 [Committee of Management, Janta Uchchatar Madhymik Vidyalaya, Suhurpur District-Ambedkar Nagar vs. Deputy Director of Education and Anr.] and also to consider and decide representation of the respondent-petitioner. However, learned counsel for the Versus Counsel for Appellant(s) : Sanjay Misra, Mrs. Anju Raghuvansh Counsel for Respondent(s) : C.S.C., Deo Prakash Srivastava C/M Janta Uchchatar Madhyamik Vidyalaya Distt. Ambedkar Nagar Thru. Manager .....Appellant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Secondary Education U.P. Lko. And 6 Others .....Respondent(s) appellant invites our attention to an order passed on 12.07.2018 in Contempt Petition No.334 of 2010 [Harish Chandra Pandey vs. Ram Chet and Anr.] filed by the respondent-petitioner alleging non-compliance of judgment and order dated 07.10.1999 passed in above mentioned writ petition bearing No.1306 (M/S) of 1999 wherein taking note of stand of D.I.O.S. that as a matter of fact, the petitioner might have been appointed initially in the institution concerned, however, he took up a job elsewhere as temporary clerk in Rajkiya Katai Mill, Maraila, Jaffaraganj, Tehsil-Akbarpur, District- Ambedkar Nagar and once the institution was brought on grant-in-aid list of the State Government, he rushed to the institution for permitting him to join and work, however, the petitioner was never allowed to join, neither has he discharged any work on the post of Assistant Teacher or any other post in the institution, the contempt court opined that payment of salary to the petitioner before it could be made only once it is established by the petitioner that he has worked in the institution, there was nothing on record which established that the petitioner had worked in the institution after the same was bought on grant-in-aid list, accordingly, the Contempt Judge did not find any willful disobedience of the aforesaid order. The contention is that once this matter was laid at rest, for the respondent-petitioner to file a writ petition and for the writ court to issue a direction for consideration of representation was quite unjustified. There cannot be an unending agitation of the issue already settled. 6. Learned counsel for the respondents relies upon the order dated 07.10.1999 passed in Writ Petition No.1306 (M/S) of 1999. He also relies upon the order of D.I.O.S. dated 25.11.1992, however, on being asked as to what was the respondent doing since 1992, he submitted that contempt petition was filed in 2010. However, the said contempt petition has already been decided. 7. In any case, this was not a matter which should have been disposed of with a direction to the appellant to consider respondent's representation. We, accordingly, set aside the impugned judgment. Consequently, the writ petition bearing Writ-A No.8809 of 2025 shall stand restored and would be considered by the learned Single Judge afresh. Learned Single Judge shall consider the question of delay as also other relevant aspects as to how far the claim of the respondent-petitioner is maintainable. Appellant may file SPLAD No. 398 of 2025 2 counter affidavit in the petition within four weeks. Petition be listed thereafter before the learned Single Judge. 8. Accordingly, the special appeal is allowed. October 7, 2025 Shanu/- SPLAD No. 398 of 2025 3 (Rajeev Bharti,J.) (Rajan Roy,J.) Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench