HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL DEFECTIVE No. - 474 of 2025 Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE INDRAJEET SHUKLA, J. Order on Civil Misc. Delay Condonation Application No.01 of 2025 1. This is an application seeking condonation of delay in filing the Special Appeal. 2. Cause shown for the delay is sufficient, hence, the delay is condoned. 3. This application, accordingly stands allowed. Order on Special Appeal 1. Heard Sri Ran Vijay Singh, learned counsel for the appellant, learned Standing Counsel for the State and Sri Tushar Bhushan, learned counsel for respondent no.1. 2. Writ Court has allowed the writ petition on the first date itself without calling for a counter affidavit relying upon two Supreme Court decisions. We do not express any opinion on the applicability of the said decisions to the facts of the case for the reason firstly, no opportunity was given to appellant to file counter affidavit rebutting the claim of the respondent- petitioner for regularization of his services as, only when the facts were clearly available before the Writ Court, applicability of the said decisions could be seen in the facts of this case, specially as, in the case of Jaggo, one of the facts which appears was that persons with lesser tenure that is junior persons their services had been regularised. Versus Counsel for Appellant(s) : Ran Vijay Singh Counsel for Respondent(s) : Tushar Bhushan, C.S.C. Secretary, U.P. Basic Education Board Now Prayagraj And Another .....Appellant(s) Munna And 2 Others .....Respondent(s) 3. We are of the opinion that the petitioners should not have been allowed on the first day without an opportunity to the appellant to file a counter affidavit specially as the kind of direction which has been issued, the BSA may not be competent to consider and take a decision in that regard. Admittedly, there are no rules for regularization of services of part time workers, therefore, if any decision is to be taken in this regard it will have to be taken at the level of State Government. 4. Accordingly, we set aside the impugned judgment. Consequently, the writ petition stands restored to its original number. It shall be listed before appropriate Single Judge bench on 27.01.2026 as fresh. 5. In the meantime, appellant shall file counter affidavit in the writ petition and the respondent-petitioner shall respond to the same by filing rejoinder affidavit, thereafter the matter shall be heard and decided finally. All pleas are open for consideration by the Writ Court. 6. The Special Appeal is allowed. December 5, 2025 Mohit SPLAD No. 474 of 2025 2 (Indrajeet Shukla,J.) (Rajan Roy,J.) Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad, Lucknow Bench